Cagney v. Daly
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by William H. Cagney and another against William C. Daly. From a judgment for plaintiffs, defendant appeals.
1Opinion of the CourtBijur, J.
It appears that defendant appellant, as executor of the estate of the mother of plaintiffs respondents, came into possession some funds; that upon his final accounting as executor (the plaintiffs being parties duly served upon said accounting) he charged himself with the money in suit and credited himself with the same amount as paid out to a third person, to be held in escrow under an agreement between himself and the plaintiffs, the terms of which are fully set forth in the accounting. The surrogate’s decree settling this account is res judicata as between the parties, and the respondents…
2Cases cited1 opinion
- President, C. of Bank of Poughkeepsie v. . HasbrouckNew York Court of Appeals · 1852