Newton v. Jay
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William Jay and another, as substituted trustees for Anna Benkard Hunt under the deed of trust of the 31st day of July, 1872, 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 9th day of March, 1905, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the said defendants’ demurrer to the plaintiff’s amended…
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Appeal by the defendants, William Jay and another, as substituted trustees for Anna Benkard Hunt under the deed of trust of the 31st day of July, 1872, 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 9th day of March, 1905, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the said defendants’ demurrer to the plaintiff’s amended complaint. The plaintiff alleges that on the 31st day of July, 1872, the defendant Anna Benkard Hunt, then Anna Benkard, in…
1Opinion of the Court
Laughlin, J.:
It is contended by the appellants that it is essential to the maintenance of this action that the plaintiffs should have first recovered
*466judgment upon their claim in the courts of this State and have issued, execution thereon and that the same were returned wholly or in part unsatisfied, and Dittmar v. Gould (60 App. Div. 94; 69 id. 615) and kindred cases are cited as authority therefor. The learned judge* at Special Term attempted to distinguish Dittmar v. Gould upon the ground that therein there 'was no allegation of fraud while here* there is, and that, in his opinion, equity…
2Cases cited11 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Talcott v. . City of BuffaloNew York Court of Appeals · 1891
- Beardsley v. . HotchkissNew York Court of Appeals · 1884
- Schenck v. . BarnesNew York Court of Appeals · 1898
- In re the Taxation of the Estate of MillerAppellate Division of the Supreme Court of the State of New York · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Newton v. HuntAppellate Division of the Supreme Court of the State of New York · 1909
- Newton v. HuntNew York Supreme Court · 1908
- Chase National Bank v. Chicago Title & Trust Co.New York Supreme Court · 1935
- Backer v. LevyCourt of Appeals for the Second Circuit · 1936
- In re the Accounting of BourneNew York Surrogate's Court · 1957
4 more not listed; retrieve them via the Exa API.