Mason v. Henry
New York Supreme Court
Appeal from special term, New York county. Action by Thomas F. Mason, as receiver of the Widows’ & Orphans’ Benefit Life Insurance Company, against Lydia Delphine Henry, executrix, and William B. Henry and John F. Henry, Jr., executors, of John F. Henry, deceased. There was a judgment in favor of plaintiff, and defendants appeal.
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Appeal from special term, New York county. Action by Thomas F. Mason, as receiver of the Widows’ & Orphans’ Benefit Life Insurance Company, against Lydia Delphine Henry, executrix, and William B. Henry and John F. Henry, Jr., executors, of John F. Henry, deceased. There was a judgment in favor of plaintiff, and defendants appeal. This action was begun in April, 1879, against John F. Henry and others, trustees of the Widows’ & Orphans’ Benefit Life Insurance Company, to recover the value of assets belonging to the corporation, and alleged to have been wasted by the trustees. This company was…
1Opinion of the CourtFollett, J.
The defendants insist that the plaintiff had concurrent remedies at law and in equity, the legal remedy being as- effectual as the one in equity, and therefore the cause of action was-barred six years after it accrued. If the premise of this proposition is sound, the conclusion follows (Butler v. Johnson, 111 N. Y. 204, 18 N. E. 643), unless the case is within some statutory exception. This action was begun in April, 1879, the precise date not appearing. The court found that the assets were misappropriated and the acts-constituting the cause of action performed in November, 1871. Chapter 4 of…
2Cases cited14 opinions
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
- Robinson v. SmithNew York Court of Chancery · 1831
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1885
- Hun v. . CaryNew York Court of Appeals · 1880
- Butler v. . JohnsonNew York Court of Appeals · 1888
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3Cited by4 opinions
- People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
- Gray v. FullerAppellate Division of the Supreme Court of the State of New York · 1897
- Chance v. Guaranty Trust Co.New York Supreme Court · 1937
- Gray v. FullerAppellate Division of the Supreme Court of the State of New York · 1897