Seger v. Farmers' Loan & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George N. Seger, as administrator, etc., of Louisa Schaeffler, deceased, from a judgment of the Supreme Court in favor of the defendant, The Farmers’ Loan and Trust Company, as substituted trustee, etc., entered in the office of the clerk of the county of New York on the 25th day of March, 1904, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the plaintiff’s complaint upon the merits.
1Opinion of the Court
Laughlin, J.:
I am of opinion that the facts now appearing are materially different from those presented by the record on the former appeal and that the dissenting opinions of Mr. Justice Ingraham and myself (73 App. Div. 293), upon which the judgment was reversed by the Court of Appeals (176 N. Y. 589), are not controlling. The action is brought upon an assigned claim to compel the payment of a legacy, it being alleged that the trust company as trustee wrongfully paid the legacy to the original legatee with notice of the assignment. Upon the former appeal it neither appeared that the trust…
2Cases cited1 opinion
- Seger v. Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Seger v. . Farmers' Loan Trust Co.New York Court of Appeals · 1907
- In re WatsonAppellate Division of the Supreme Court of the State of New York · 1914