Mott v. New York Security & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Interlocutory judgment affirmed, with costs.— Appeal from an interlocutory judgment of the New York Special Term in favor of the defendant New ■ York Security and Trust Company, and also from an interlocutory judgment of the New York Special Term in favor of the defendant Louisville, Evansville and St. Louis Consolidated Railroad Company.—Transferred from the first department.—
1Opinion of the Court
Goodrich, P. J.:
Mr. Justice Stover has writtenafull and elaborate opinion, hereto appended,* setting out the allegations of the complainfc, which allegations need not be repeated here. We concur in his conclusions and in his reasons therefor. But as the apnellant’s counsel earnestly argued that the learned justice misconceived the plaintiff’s theory of the action, it is proper that this contention should be considered: He refers to the sentence of the opinion in which it was said that “the theory of the plaintiff is that, by the agreement of May, 1899, the defendant trust company was…
2Cited by7 opinions
- McCulloch v. Canadian Pac. Ry. Co.District Court, D. Minnesota · 1943
- Woodbridge v. BockesAppellate Division of the Supreme Court of the State of New York · 1901
- Hifler v. Calmac Oil & Gas Corp.Appellate Division of the Supreme Court of the State of New York · 1939
- In re the Estate of GudeNew York Surrogate's Court · 1934
- Lober v. Canadian Pac. Ry. Co.Court of Appeals for the Eighth Circuit · 1945
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