Newton v. Scott
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLewis, J.
Following a conceded misappropriation of trust funds by the committee of an incompetent person, the plaintiff, as successor committee, has brought this action at law against the depositary alleging as a ground for recovery the conscious participation by the depositary in the original committee’s breach of trust.
The action met with defeat upon the trial when, at the close of plaintiff’s evidence, a motion for a nonsuit and dismissal of the complaint as to the depositary was granted. Accordingly, upon this appeal, a single question of law is presented: Admitting all facts disclosed by the proof…
2Cases cited9 opinions
- Bischoff v. . Yorkville BankNew York Court of Appeals · 1916
- Allen v. Puritan Trust Co.Massachusetts Supreme Judicial Court · 1912
- Fidelity & Deposit Co. v. Queens County Trust Co.New York Court of Appeals · 1919
- Tortora v. State of New YorkNew York Court of Appeals · 1935
- Kraus v. . BirnbaumNew York Court of Appeals · 1910
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3Cited by11 opinions
- Home Savings of America v. AmorosAppellate Division of the Supreme Court of the State of New York · 1997
- Cassel v. Mercantile Trust CompanySupreme Court of Missouri · 1965
- Hubbard v. Home Federal Savings & Loan Ass'nCourt of Appeals of Kansas · 1985
- Obedin v. MasielloNew York Supreme Court · 1959
- Ben Soep Co. v. Highgate Hall of Orange County, Inc.New York Supreme Court · 1988
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