Newmark v. National Bank & Trust Co.

Defendants move pursuant to subdivision 2 of rule 106 of the Rules of Civil Practice to dismiss the complaint on the ground that it appears on the face thereof that plaintiff does not have legal capacity to sue defendants.

The complaint alleges: That plaintiff was appointed successor trustee in 1953 pursuant to a trust agreement originally made in 1940 to secure the payment of corporate bonds between defendant bank and a New York corporation, a copy of which is annexed; that pursuant to said agreement defendant bank *1023as trustee was granted and received all the assets, real and personal, of the…