Leonard v. . Pierce
New York Court of Appeals
Appeal from a judgment, entered June 4, 1904, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint alleges a good cause of action against Pierce as trustee.
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Appeal from a judgment, entered June 4, 1904, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint and sustained such demurrer. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint alleges a good cause of action against Pierce as trustee. (Berolzheimer v. Strauss, 19 J. & S. 99; Soldiers’ Home v. Sage, 11 Misc. Rep. 164; Collins v. Stewart, 2 App. Div. 278; Stillwell v. Carpenter, 62 N. Y. 639; Beers v.…
1Opinion of the CourtHaight, J.
The cause of action as alleged in the complaint was that Pierce, as trustee, be compelled to render an account of the trust funds in his hands; that he be enjoined from making improper investments, and that he be compelled to make restitution of such of the trust funds as had been lost through his fault. In the summons and in the title of the complaint he is named only in his individual capacity, and it is conceded that no cause of action is alleged against him in that capacity. The demurrer is “that there .is a defect of parties, in that Carlton B. Pierce as trustee under the will of Abijali…
2Cases cited8 opinions
- First National Bank v. . ShulerNew York Court of Appeals · 1897
- Rathbone v. . HooneyNew York Court of Appeals · 1874
- Beers v. . ShannonNew York Court of Appeals · 1878
- Collins v. . HydornNew York Court of Appeals · 1892
- Landon v. . TownshendNew York Court of Appeals · 1889
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- In re the Estate of EbbetsNew York Surrogate's Court · 1933
- Banco Nacional De Cuba v. Chase Manhattan BankDistrict Court, S.D. New York · 1980
- Tuper v. TuperAppellate Division of the Supreme Court of the State of New York · 2006
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