Costello v. . Costello
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 2, 1912, which affirmed a judgment dismissing the complaint upon the merits entered upon the report of a referee.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 2, 1912, which affirmed a judgment dismissing the complaint upon the merits entered upon the report of a referee. The action is to procure a judgment annulling the transfer by Alfred Costello and Patrick C. Costello, as trustees under the will of Patrick H. Costello, to John H. Costello of the trust estate, as devised, and determining through an accounting that the trustees should pay into the trust estate a large sum of money. During the pendency of the action, Patrick C.…
1Opinion of the CourtCollin, J.
The judgment entered upon the report of the referee was affirmed at the Appellate Division by a divided court. Because of this absence of unanimity, we are constrained to determine from a study of the record whether or not any finding of fact is entirely devoid of support in the evidence, or any proposed finding of the appellants, sustained by uncontradicted evidence, would have required a legal conclusion favorable to them, if found additionally to the existing findings. (People ex rel. Town of Colesville v. D. & H. Co., 177 N. Y. 337; Arnot v. Union Salt Co., 186 N. Y. 501.) The evidence…
2Cases cited13 opinions
- Menagh v. . WhitwellNew York Court of Appeals · 1873
- Ormiston v. . OlcottNew York Court of Appeals · 1881
- Russell v. . McCallNew York Court of Appeals · 1894
- Litchfield v. . WhiteNew York Court of Appeals · 1852
- Franklin v. OsgoodCourt for the Trial of Impeachments and Correction of Errors · 1817
8 more not listed; retrieve them via the Exa API.
3Cited by99 opinions
- In Re the Accounting of Fulton Trust Co.New York Court of Appeals · 1931
- Blaustein v. Pan American Petroleum & Transport Co.New York Court of Appeals · 1944
- In re the Estate of PulitzerNew York Surrogate's Court · 1931
- In re the Accounting of the Bank of New YorkNew York Court of Appeals · 1974
- Villard v. . VillardNew York Court of Appeals · 1916
94 more not listed; retrieve them via the Exa API.