Mercantile Trust Co. v. Gimbernat
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry z. Black, from a judgment of the Supreme Court in favor of the defendant Jules R. Gimbernat, entered in the office of the clerk of the county of Hew York on the 2d day of April, 1910, upon the decision of the court rendered after a trial at the Hew York Special Term.
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Appeal by the defendant, Henry z. Black, from a judgment of the Supreme Court in favor of the defendant Jules R. Gimbernat, entered in the office of the clerk of the county of Hew York on the 2d day of April, 1910, upon the decision of the court rendered after a trial at the Hew York Special Term. The residuary estate of Jules R. Gimbernat, deceased, was bequeathed to his executors and trustees in trust, one-fourth thereof to be paid to his son, the defendant Jules R. Gimbernat, upon his attaining the age of twenty-five years; one-lialf of the balance upon his attaining the age of thirty…
1Opinion of the Court
Miller, J.:
The appellant contends that the respondent Gimbernat is not entitled to the fund in any event; that the other defendants, not having appealed, are concluded by the former adjudication that the assignments to Bell were valid (citing St. John v. Andrews Institute, 192 N. Y. 382), wherefore the former appeal ivas futile; that, even if the appellant cannot rely upon the former adjudication as against the only parties really interested in the fund, still the court will not order a fund to be paid to one party, with knowledge that others, not before the court, hold assignments of it,…
2Cases cited2 opinions
- John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- Lang v. Eagle Fire Co.Appellate Division of the Supreme Court of the State of New York · 1896
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- Texas San Juan Oil Corp. v. An-Son Offshore Drilling Co.District Court, S.D. New York · 1961
- Turner v. New Brunswick Fire Ins. Co.New Mexico Supreme Court · 1941
- Tioga County General Hospital v. TiddNew York Supreme Court · 1937
- National Bank of Bay Ridge v. AlbersAppellate Division of the Supreme Court of the State of New York · 1935
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