Superior Brassiere Co. v. Zimetbaum
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Martin, J.:
The plaintiff by this action seeks to establish a trust in moneys which have come into the possession of the defendants but which belong to plaintiff, and asks for an accounting and payment of the amount found due.
*526The complaint alleges that plaintiff has no adequate remedy at law. The answer denies this allegation.
The defendants’ motion is founded on the contention that the pleadings disclose that under the allegations of the complaint and the denials in the answer, if the plaintiff has a cause of action, it is not in equity, and that under rule 112 of the Rules of Civil Practice…
2Cases cited18 opinions
- Salem Trust Co. v. Manufacturers' Finance Co.Supreme Court of the United States · 1924
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- Wetmore v. . PorterNew York Court of Appeals · 1883
- Newton v. . PorterNew York Court of Appeals · 1877
- City of Syracuse v. . HoganNew York Court of Appeals · 1923
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Mark S. Rose and Frederic G. Rose v. Amsouth Bank of Florida, Docket No. 04-0389-CvCourt of Appeals for the Second Circuit · 2004
- American East India Corp. v. Ideal Shoe Co.District Court, E.D. Pennsylvania · 1975
- In re the Estate of LynchNew York Surrogate's Court · 1934
- Miami National Bank v. Nelse S. Knudsen, Trustee for Ludman Corporation, BankruptCourt of Appeals for the Fifth Circuit · 1962
- Society Milion Athena, Inc. v. National Bank of GreeceAppellate Division of the Supreme Court of the State of New York · 1938
9 more not listed; retrieve them via the Exa API.