Harris v. Elliott
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Richard D. Harris, from an interlocutory judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of Hew York on the 18th day of April, 1898, upon the decision of the court rendered after a trial at the Hew York Special Term sustaining their demurrer to the complaint.
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Appeal by the plaintiff, Richard D. Harris, from an interlocutory judgment of the Supreme Court in favor of certain of the defendants, entered in the office of the clerk of the county of Hew York on the 18th day of April, 1898, upon the decision of the court rendered after a trial at the Hew York Special Term sustaining their demurrer to the complaint. The demurrer was interposed to the amended and also to the supplemental complaint in this action on the ground that several causes of action had been improperly united, as follows: First. That new causes of action not relating to the cause of…
1Opinion of the Court
Rumsey, J.:
This action was brought in the month of November, 1895. The parties to the original action were the executors of John Elliott, the members of the firm of Rigg'S & Co., the administrator of the estate of Charles A. de Chambrun, and the administratrix of the estate of Thomas M. "Wheeler. The complaint alleged that there had been assigned to the plaintiff by Thomas M. Wheeler a mortgage to-secure the sum of $10,875, which the plaintiff held as trustee for the benefit of John Elliott in a certain sum, and for the benefit of Riggs & Co. in another sum, and with the understanding that…
2Cases cited3 opinions
- Nichols v. . DrewNew York Court of Appeals · 1883
- Harris v. ElliottAppellate Division of the Supreme Court of the State of New York · 1897
- Corcoran v. ManneringAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by5 opinions
- Kent v. WestAppellate Division of the Supreme Court of the State of New York · 1898
- Babbitt v. GibbsAppellate Division of the Supreme Court of the State of New York · 1900
- Bilder v. EllisAppellate Division of the Supreme Court of the State of New York · 1912
- Bilder v. EllisAppellate Division of the Supreme Court of the State of New York · 1912
- Bilder v. EllisNew York Supreme Court · 1912