Metropolitan Trust Co. v. Stallo
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Metropolitan Trust Company of the City of New York, individually and as administrator, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 25th day of August, 1914, denying its motion for an injunctionperoderefe lite herein, and also from an order entered in said clerk’s office on the 26th day of October, 1914, resettling the prior order.
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Appeal by the plaintiff, Metropolitan Trust Company of the City of New York, individually and as administrator, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 25th day of August, 1914, denying its motion for an injunctionperoderefe lite herein, and also from an order entered in said clerk’s office on the 26th day of October, 1914, resettling the prior order. Also an appeal by the plaintiff from an order of the Supreme Court, made at the New York Special Term and entered in the office of the…
1Opinion of the Court
Scott, J.:
The nature of this action and the relief sought therein are stated at length in the opinion handed down herewith on appeal from an order sustaining a demurrer to the complaint. (Metropolitan Trust Co. v. Stallo, No. 2, 166 App. Div. 649.) For the purpose of this opinion it is sufficient to say that plaintiff is the administrator of the estate of Alexander McDonald, deceased; that it was at the time of its appointment a creditor of the estate holding collateral security for its debt; that it had sold such security for the payment of its claim, and that it now holds a part of the…
2Cases cited10 opinions
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- Schuehle v. . ReimanNew York Court of Appeals · 1881
- Garlock v. . VandevortNew York Court of Appeals · 1891
- Demarest v. . DargNew York Court of Appeals · 1865
- Ludwig v. BungartAppellate Division of the Supreme Court of the State of New York · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Loughman v. LilliendahlAppellate Division of the Supreme Court of the State of New York · 1921
- In re the Estate of MorningstarAppellate Division of the Supreme Court of the State of New York · 2005
- Schwartz v. LubinAppellate Division of the Supreme Court of the State of New York · 1958
- Gould v. GouldNew York Supreme Court · 1922
- In re the Estate of D'OnofrioNew York Surrogate's Court · 1978
6 more not listed; retrieve them via the Exa API.