Purdy v. . Lynch
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 Juno 11, 1893, which modified and affirmed as modified a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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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 Juno 11, 1893, which modified and affirmed as modified a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The creditors of the Guardian Savings Institution are necessary and proper parties to this action, so far at least as relates to the distribution of the trust property disposed of. (Sherman v. Parish, 53 N. Y. 490.) Lynch and Develin were not guilty of…
1Opinion of the CourtPeckham, J.
This action was brought to obtain an accounting from the defendants Quinlan, Lynch and Develin, as trustees under a deed of trust executed by Walter Roche to them in 1872. The action was commenced in 1875, and John T. McGowan, who subsequently died, was at that time plaintiff. The defendant John Develin died February 23, 1888, and the defendant James Lynch died August 5, 1888. The action was continued against the respective executors of the deceased defendants.
The material facts in regard to the action are these: For some time prior to November 17,1871, Walter Roche had been vice-president of…
2Cases cited1 opinion
- Bruen v. . GilletNew York Court of Appeals · 1889
3Cited by47 opinions
- In Re the Accounting of Fulton Trust Co.New York Court of Appeals · 1931
- In Re the Estate of JanesNew York Court of Appeals · 1997
- In re the Judicial Settlement of the Account of Proceedings of Central Hanover Bank & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1934
- In re the Estate of McCaffertyNew York Surrogate's Court · 1933
- Stark v. United States Trust Co. of NYDistrict Court, S.D. New York · 1978
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