Neuman v. Mortimer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Mortimer, 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 15th day of September, 1904, denying the defendant’s motion to vacate an order theretofore entered herein directing the issuance of an execution.
1Opinion of the Court
O’Brien, J.:
The plaintiffs brought an action against the defendant in the Supreme Court of New Jersey which resulted in April, 1896, in a judgment for the sum of §323.95 damages and costs. Thereafter in the Supreme Court of this State in the county of Queens the plaintiffs brought an action on the New Jersey judgment and recovered a judgment for $387.35. Prior to the recovery of this j udgment the defendant’s mother by will created a trust in his favor and appointed a trustee to pay over to him income from the principal of the trust fund during his lifetime and, upon his death, to his lawful…
2Cited by3 opinions
- Kelly v. MulcahyAppellate Division of the Supreme Court of the State of New York · 1909
- W. & J. Sloane v. TiffanyAppellate Division of the Supreme Court of the State of New York · 1905
- Siegel v. GussowAppellate Division of the Supreme Court of the State of New York · 1917