Legal Opinion

Smith v. Howlett

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 10 opinions

Appeal by the defendants, Alfred A. Howlett and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Onondaga on the 6th day of ¡November, 1897, upon the decision of the court rendered after a trial at the Onondaga Special Term.

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Appeal by the defendants, Alfred A. Howlett and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Onondaga on the 6th day of ¡November, 1897, upon the decision of the court rendered after a trial at the Onondaga Special Term. The action was brought to procure a judgment annulling and setting aside an agreement between the parties, dated July 17,1896, which assumed to terminate a prior trust agreement, and adjudging said trust to be still active, and for other equitable relief.

1Opinion of the Court

Ward, J.:

The plaintiff is a dentist and has conducted his business for many years in Syracuse, and he is about eighty years of age. The defendant Howlett is a resident of Syracuse, and has been for many years a banker, real estate dealer and engaged in other business transactions and is a few years younger than the plaintiff. The defendant Ella E. Craig is the plaintiff’s daughter. In 1890 the daughter was the owner of some real estate in Syracuse in which the plaintiff had a life interest. The parties to this action entered into an agreement on the 5th day of April, 1890, providing for a…

2Cases cited3 opinions

  1. Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
  2. Adair v. . BrimmerNew York Court of Appeals · 1878
  3. Fisher v. . BishopNew York Court of Appeals · 1888

3Cited by10 opinions

  1. In re the Judicial Settlement of the Account of the Long Island Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1904
  2. In re the Judicial Settlement of the Intermediate Account of Proceedings of New Rochelle Trust Co.Appellate Division of the Supreme Court of the State of New York · 1937
  3. Harrison v. HarrisonNew Mexico Supreme Court · 1916
  4. In re the Estate of BalfeNew York Surrogate's Court · 1934
  5. In re the Estate of HarbeckNew York Surrogate's Court · 1931

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