People v. . Powers
New York Court of Appeals
Appeal from an interlocutory judgment of the General Term of the Supreme Court in the fifth judicial department, intered upon an order made October 2,1894, which affirmed ■an interlocutory judgment of the Special Term overruling •defendant’s demurrer to the complaint.
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Appeal from an interlocutory judgment of the General Term of the Supreme Court in the fifth judicial department, intered upon an order made October 2,1894, which affirmed ■an interlocutory judgment of the Special Term overruling •defendant’s demurrer to the complaint. The action was brought against Daniel W. Powers, personally and as executor of, and trustee under, the will of Martha Dunlap, deceased, and the following corporations: The Rochester City Hospital, the Rochester Home for the Friendless, the Industrial School of Rochester, the Rochester Orphan Asylum and the Rochester Female…
1Opinion of the CourtHaight, J.
This action was brought to compel the defendant Powers to account for the estate of Martha Dunlap in his hands, and that he, as executor and trustee, be adjudged to pay over to the five defendant corporations, and to such others as may come in and duly establish their claims, all the estate which, upon such accounting, shall be found applicable thereto under the provisions of the will of Martha Dunlap, etc. Powers interposed a demurrer to the complaint upon the grounds, first, that the complaint does not state facts sufficient to constitute a cause of action, and, second, that there is a…
2Cases cited10 opinions
- Tilden v. . GreenNew York Court of Appeals · 1891
- White v. . HowardNew York Court of Appeals · 1871
- Holland v. . AlcockNew York Court of Appeals · 1888
- Bascom v. . AlbertsonNew York Court of Appeals · 1866
- Read v. . WilliamsNew York Court of Appeals · 1891
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3Cited by40 opinions
- Fairchild v. . Edson Edson v. . BartowNew York Court of Appeals · 1897
- Hubbard v. Worcester Art MuseumMassachusetts Supreme Judicial Court · 1907
- Murray v. . MillerNew York Court of Appeals · 1904
- Matter of Estate of BolingerMontana Supreme Court · 1997
- Johnson v. HelmerOregon Supreme Court · 1921
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