Zebley v. Farmers' Loan & Trust Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 31, 1892, which affirmed a judgment in favor of defendant entered upon an order of Special Term sustaining a demurrer to the amended complaint. The averments of the complaint, so far as material, are stated in the opinion. A cestui que trust may require a trustee who has made away with the trust property to account.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 31, 1892, which affirmed a judgment in favor of defendant entered upon an order of Special Term sustaining a demurrer to the amended complaint. The averments of the complaint, so far as material, are stated in the opinion. A cestui que trust may require a trustee who has made away with the trust property to account. He may follow the trust fund into the hands of other persons or into other property in the hands of the trustee, or he may proceed against the trustee…
1Opinion of the CourtO’Brien, J.
The courts below have sustained a demurrer to the plaintiff’s complaint. The actual merits of the plaintiff’s claim are not involved in this appeal, but only the question whether he has stated enough in his complaint to call for an answer from the defendant and an examination of the facts by the court. If he has, then the case must be disposed of upon the facts as they may appear. The action was commenced in April, 1888. The allegations of the complaint are quite broad and general. It states that prior to the commencement of the action, the plaintiff became and is the owner of eleven bonds,…
2Cases cited10 opinions
- Speidel v. HenriciSupreme Court of the United States · 1887
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Decouche v. SavetierNew York Court of Chancery · 1817
- Bean v. . TonneleNew York Court of Appeals · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Sage v. . CulverNew York Court of Appeals · 1895
- Bailey v. Buffalo Loan, Trust & Safe Deposit Co.New York Court of Appeals · 1915
- Mills v. . HussonNew York Court of Appeals · 1893
- Royal Indemnity Co. v. HellerNew York Court of Appeals · 1931
- Treadwell v. . ClarkNew York Court of Appeals · 1907
23 more not listed; retrieve them via the Exa API.