Hart v. Equitable Life Assurance Society
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Equitable Life Assurance Society of the United States, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8th day of April, 1915, upon a decision of the court after a trial at the New York Special Term.
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Appeal by the defendant, Equitable Life Assurance Society of the United States, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 8th day of April, 1915, upon a decision of the court after a trial at the New York Special Term. The judgment decreed that by an agreement in writing under date of June 14, 1893, appellant became a trustee for the benefit of the plaintiff and certain other general creditors of one Haynes, who were parties to the agreement, and required it to account as such trustee, and…
1Opinion of the Court
Laughlin, J.:
The principal contentions of the appellant which merit consideration are, that no trust was created by the agreement; that if a trust was created thereby, it has been released and discharged; and that in any event, the accounting should be limited to the period to August 12, 1898, when it is claimed that the trust, if one was created, terminated so far as the plaintiff is concerned. No other party to the agreement is before the court asserting any claim thereunder. " It does not appear that any party defendant other than the appellant was served or has appeared; but as no…
2Cases cited4 opinions
- Brown v. . SpohrNew York Court of Appeals · 1904
- Matter of CarpenterNew York Court of Appeals · 1892
- Reading v. HagginNew York Supreme Court · 1890
- Mersereau v. BennetAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Rosner v. PaleyNew York Supreme Court · 1982