Madison Trust Co. v. Carnegie Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Carnegie Trust Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of March, 1914, as originally entered, and as amended by an order entered in said clerk’s office on the 19th day of March, 1914, nunc pro tunc, as of the 11th day of March, 1914. The judgment was entered upon the decision of the court after a trial at the New York Special…
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Appeal by the defendants, Carnegie Trust Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 11th day of March, 1914, as originally entered, and as amended by an order entered in said clerk’s office on the 19th day of March, 1914, nunc pro tunc, as of the 11th day of March, 1914. The judgment was entered upon the decision of the court after a trial at the New York Special Term.
1Opinion of the CourtHotchkiss, J.
The action is in equity to adjudge that a trust exists with respect of certain moneys of the plaintiff, the Madison Trust Company, successor to the Van Nor den Trust Company; for an accounting and the delivery of certain stocks, if any, that may have been purchased with said moneys; for a judgment for the *6amount of any such moneys remaining unexpended, and that plaintiff’s claim therefor be preferred over the claims of general creditors of the insolvent Carnegie Trust Company.
No stocks having been purchased, the respondent has recovered a money judgment for the full amount of its claim, with…
2Cases cited20 opinions
- Clews v. JamiesonSupreme Court of the United States · 1901
- Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- The People v. . the City Bank of RochesterNew York Court of Appeals · 1884
- Importers & Traders' National Bank v. PetersNew York Court of Appeals · 1890
15 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Louis J. Gumpert v. The Bon Ami CompanyCourt of Appeals for the Second Circuit · 1958
- Frederick Iron & Steel Co. v. PageCourt of Appeals of Maryland · 1933
- In re the Transfer Tax On the Estate of EarlyNew York Surrogate's Court · 1920
- In re Arcadia Trust Co.Appellate Division of the Supreme Court of the State of New York · 1934
- McGrath v. Carnegie Trust Co.Appellate Division of the Supreme Court of the State of New York · 1915
6 more not listed; retrieve them via the Exa API.