Boyd v. United States Mortgage & Trust Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 21,1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinjon.
1Opinion of the CourtWillard Bartlett, J.
The original summons in this action was served on July 25, 1900. In the caption Julia S. Boyd was named as plaintiff and “ The United States Mortgage & Trust Co. as substituted Trustee under the Will of Matthew Byrnes, deceased, and William Z. Greene and Louis R. Taylor, doing business under the name of Greene and Taylor ” were named as defendants. The original complaint which was served on the same date was entitled in the same manner. It alleged that the United States Mortgage & Trust Co. was a domestic corporation and that the defendants Greene and Taylor were partners in the real estate…
2Cases cited11 opinions
- Lucas v. PittmanSupreme Court of Alabama · 1891
- Leonard v. . PierceNew York Court of Appeals · 1905
- Shaw v. . CockNew York Court of Appeals · 1879
- Hutchinson v. TuckerMassachusetts Supreme Judicial Court · 1878
- Munzinger v. Courier Co.New York Supreme Court · 1894
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- Helfand v. CohenAppellate Division of the Supreme Court of the State of New York · 1985
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