Welch v. . Polley
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 31, 1903, which affirmed a judgment of Special Term dismissing the complaint as to the respondent herein. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 31, 1903, which affirmed a judgment of Special Term dismissing the complaint as to the respondent herein. The nature of the action and the facts, so far as material, are stated in the opinion. Where the defendant,. with knowledge of plaintiffs equitable title and lien upon the moneys due, has used his apparent authority to receive payment and thereby effectually deprives plaintiff of all other recourse to the money to which she was equitably entitled, he cannot be permitted in…
1Opinion of the CourtBabtlett, J.
At the trial, after the opening of plaintiff’s counsel and before the introduction of any evidence, the counsel for the defendant, the trustee in bankruptcy, moved to dismiss the complaint as to him, on the ground that it did not state facts sufficient to constitute a cause of action. The motion was granted and judgment duly entered, which was affirmed by the Appellate Division.'
This is a suit in equity brought by Mary Frances Welch, the plaintiff, against Grahams Polley, individually and as surviving trustee for her in a trust created by herself on the thirty-first day of October, 1879, for…
2Cases cited4 opinions
- Stephens v. . Board of EducationNew York Court of Appeals · 1879
- Patrick v. . MetcalfNew York Court of Appeals · 1867
- Butterworth v. . GouldNew York Court of Appeals · 1869
- Hathaway v. . Town of HomerNew York Court of Appeals · 1873
3Cited by7 opinions
- Hill v. StateSupreme Court of Alabama · 1906
- Carnegie Trust Co. v. Battery Place Realty Co.Appellate Terms of the Supreme Court of New York · 1910
- In re Wilkesbarre Furniture Mfg. Co.District Court, M.D. Pennsylvania · 1904
- Carnegie Trust Co. v. Battery Place Realty Co.Appellate Terms of the Supreme Court of New York · 1910
- Carnegie Trust Co. v. Battery Place Realty Co.New York Supreme Court · 1910
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