Legal Opinion

Stillwell v. Stillwell

New York Supreme Court

Decided October 26, 1894PublishedCited by 5 opinions

Appeal from special term. Action by James M. Stillwell against Benjamin W. Stillwell. From an order allowing an amendment of defendant’s offer of judgment, plaintiff appeals. Reversed.

1Opinion of the CourtDykman, J.

This is an appeal from an order amending the defendant’s offer of judgment, and the judgment entered on such offer, and the acceptance thereof. The complaint in the action alleges that in June, 1875, the grandfather of the plaintiff deposited in the Yonkers Savings Bank $1,500, in the name of Benjamin W. Stillwell, in trust for James M. Stillwell, the plaintiff, and delivered the bank book to the defendant, in trust for the plaintiff; and the defendant agreed to hold the book, money, funds, and accumulations for the plaintiff, and the understanding was that the money was to constitute a fund…

2Cited by5 opinions

  1. Mitchell v. LindlySupreme Court of Oklahoma · 1960
  2. McVicar v. KeatingAppellate Division of the Supreme Court of the State of New York · 1897
  3. Shepherd v. . MoodheNew York Court of Appeals · 1896
  4. Freudenheim v. RaduzinerNew York Court of Common Pleas · 1895
  5. Walsh v. Empire Brick & Supply Co.Appellate Division of the Supreme Court of the State of New York · 1904

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