Legal Opinion

Equitable Trust Co. v. Madsen

Appellate Terms of the Supreme Court of New York

Decided December 22, 1911Published

Appeal from Municipal Court, Borough of Manhattan, Fifth District. Action by the Equitable Trust Company of New York against Mads P. Madsen. From a judgment of the Municipal Court, rendered for defendant, plaintiff appeals. Reargument ordered.

1Opinion of the CourtLehman, J.

At the beginning of the argument of these appeals I suggested to appellant’s counsel that the decision of this court in these cases would depend upon the result of an appeal which was then pending in the Appellate Division from a determination of this court in the case of Equitable Trust Co. v. Newman, 72 Misc. Rep. 53, 129 N. Y. Supp. 259, and that therefore oral argument before us of the points involved in that appeal seemed to me useless. Counsel acquiesced in my suggestion, and was thereby prevented from presenting to us his argument that the instrument sued upon in this action is…

2Cases cited3 opinions

  1. Equitable Trust Co. v. TaylorAppellate Division of the Supreme Court of the State of New York · 1911
  2. Equitable Trust Co. v. NewmanAppellate Terms of the Supreme Court of New York · 1911
  3. Equitable Trust Co. v. HoweAppellate Terms of the Supreme Court of New York · 1911

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