Demuth v. Kemp
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Jeannette Demuth, and the defendants, George Kemp and Arthur T. Kemp and others, as trustees, from two judgments of the Supreme Court, entered in the office of the clerk of the county of New York on the 1st day of May, 1913, upon the decision of the court after a trial at the New York Special Term.
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Cross-appeals by the plaintiff, Jeannette Demuth, and the defendants, George Kemp and Arthur T. Kemp and others, as trustees, from two judgments of the Supreme Court, entered in the office of the clerk of the county of New York on the 1st day of May, 1913, upon the decision of the court after a trial at the New York Special Term. The judgments were rendered in judgment creditors’ actions in relation to having a portion of the income of defendant George Kemp from certain trust funds applied to the payment of a judgment against him in favor of the plaintiff.
1Opinion of the Court
Scott, J;:
The two judgments brought up by these appeals relate to the disposition of the income derived by the defendant George Kemp from two separate trusts created by the wills of his father and mother. The two causes were tried together and were considered together by the justice who rendered the judgments appealed from. It will be most convenient also to consider the two appeals together.
The plaintiff holds a judgment against defendant George Kemp for a considerable sum of money. It was recovered on May 14, 1902, and, save for some insignificant payments, it remains wholly unpaid and…
2Cases cited10 opinions
- Wetmore v. . WetmoreNew York Court of Appeals · 1896
- Garlock v. . VandevortNew York Court of Appeals · 1891
- Tolles v. . WoodNew York Court of Appeals · 1885
- Dittmar v. GouldAppellate Division of the Supreme Court of the State of New York · 1901
- Tolles v. WoodNew York Court of Appeals · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Matter of Kaplan v. PeyserNew York Court of Appeals · 1937
- Canfield v. Security First National BankCalifornia Court of Appeal · 1935
- Spellman v. SullivianDistrict Court, S.D. New York · 1930
- Miller, Trustee v. Maryland Casualty Co.Supreme Court of Arkansas · 1944
- In re the Estate of RandolphNew York Surrogate's Court · 1936
3 more not listed; retrieve them via the Exa API.