Newton v. Hunt
Appellate Division of the Supreme Court of the State of New York
Separate appeals by the defendants, Anna Benkard Hunt and others, and by the defendants, William Jay and another, as substituted trustees for Anna Benkard Hunt, from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 14th day of October, 1908, upon the decision of the court rendered after a trial at the New York Special Term, and a cross-appeal by the plaintiff, Frederick William Newton, surviving executor, etc., which is…
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Separate appeals by the defendants, Anna Benkard Hunt and others, and by the defendants, William Jay and another, as substituted trustees for Anna Benkard Hunt, from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 14th day of October, 1908, upon the decision of the court rendered after a trial at the New York Special Term, and a cross-appeal by the plaintiff, Frederick William Newton, surviving executor, etc., which is stated in the notice of appeal to be from so much of said judgment as adjudges “ that the reservation by the defendant Anna…
1Opinion of the Court
Laughlin, J.:
On the former appeal herein by the substituted trustees from an interlocutory judgment overruling their demurrer to the complaint on the ground, among others, that it failed to state facts sufficient to constitute a cause of action, this court sustained the complaint. (Newton v. Jay, 107 App. Div. 457.) The material facts bearing upon the sufficiency of the complaint and which have now been substantially proved as alleged, are stated in our former opinion, and may, therefore, so far as pertinent to the questions presented by this appeal, be discussed without being restated. Our…
2Cases cited10 opinions
- Van Cott v. . PrenticeNew York Court of Appeals · 1887
- Schenck v. . BarnesNew York Court of Appeals · 1898
- Stringer v. . YoungNew York Court of Appeals · 1908
- Hutton v. . BenkardNew York Court of Appeals · 1883
- Tonnele v. . WetmoreNew York Court of Appeals · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Tahan v. HodgsonCourt of Appeals for the D.C. Circuit · 1981
- Fairchild, Arabatzis & Smith v. Prometco (Prod. & Metals)District Court, S.D. New York · 1979
- Bata v. HillCourt of Chancery of Delaware · 1958
- Bata v. HillCourt of Chancery of Delaware · 1958
- Jewell v. GrahamCourt of Appeals for the D.C. Circuit · 1928
15 more not listed; retrieve them via the Exa API.