Stemmler v. Alsdorf
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Edward G-. Alsdorf and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of October, 1914, overruling a demurrer to the complaint interposed on the ground that it failed to state facts sufficient to constitute a cause of action.
1Opinion of the Court
Hotchkiss, J.:
In the first cause of action it is alleged that in December, 1870, one Bragaw was the owner of certain real property; that in December, 1870, Bragaw conveyed to Babette Stemmler, who gave back a purchase-money mortgage. In June, 1878, Babette conveyed to trustees to sell and apply the proceeds as in said deed set forth; ” that the trustees found it impossible to execute their trust and brought an action to have that fact decreed; that they be discharged, and that a receiver be appointed; that in August, 1875, a judgment to that effect was entered and one Stevens appointed…
2Cases cited1 opinion
- National Park Bank v. BillingsAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by1 opinion
- Rodgers & Hagerty, Inc. v. Brunswick Marine Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1919