United National Bank of Troy v. Weatherby
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant Catharine Ida Weatherby, as administratrix, etc., of Nelson L. Weatherby, deceased, from that portion, of a judgment of the Supreme Court in favor of the defendant' International Navigation Company, entered in the office of the clerk of the county of Rensselaer on the 13th day of August, 1901, upon the .decision of the court- rendered after a trial at the Rensselaer Trial Term before the court without a jury, which awarded the International Navigation…
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Appeal by the defendant Catharine Ida Weatherby, as administratrix, etc., of Nelson L. Weatherby, deceased, from that portion, of a judgment of the Supreme Court in favor of the defendant' International Navigation Company, entered in the office of the clerk of the county of Rensselaer on the 13th day of August, 1901, upon the .decision of the court- rendered after a trial at the Rensselaer Trial Term before the court without a jury, which awarded the International Navigation Company $360.08, with interest and costs, out of a fund deposited in court by the plaintiff. Also an appeal by the…
1Opinion of the Court
Kellogg, J.:
Beyond doubt the claims of the International Navigation Company and of the Travelers’ Insurance Company aré for moneys held in a trust capacity. Weatherby held them as agent. Hence the decision of the trial court that the relation between Weatherby and the Travelers’ Insurance Company was only that of debtor and creditor requires a reversal of the judgment, or a modification of it, *282if it appears that the Travelers’ Insurance Company is entitled as • cestui qu’e trust to any portion of the fund.
It does not seem to admit of doubt but that the Travelers’ Insurance Company is entitled…
2Cases cited2 opinions
- Van Alen v. . American National BankNew York Court of Appeals · 1873
- Baker v. New York National Exchange BankNew York Court of Appeals · 1885
3Cited by7 opinions
- Thursby v. StewartSupreme Court of Florida · 1931
- Brown v. ChristmanCourt of Appeals for the D.C. Circuit · 1942
- Myers, Receiver v. MatusekSupreme Court of Florida · 1929
- Santa Marina Co. v. Canadian Bank of CommerceDistrict Court, N.D. California · 1916
- In re the Estate of KornderNew York Surrogate's Court · 1938
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