Legal Opinion · Dissent

Ellis v. Chapman

Appellate Division of the Supreme Court of the State of New York

Decided December 18, 1914Published

Appeal by the plaintiff, Louise Ellis, as sole executrix, etc., from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of New York on the 24th day of June, 1914, denying a motion for leave to issue execution against the income from a trust fund.

1Dissent

Laughlin, J. (dissenting):

The plaintiff on the 7th day of March, 1914, recovered a judgment in this action against the defendant for the sum of $2,216.19, upon which execution was issued and returned wholly unsatisfied. On proceedings supplementary to execution on a judgment, of which the present judgment is a renewal, it was shown by the examination of the acting trust officer of the Title Guarantee and Trust Company, which examination was concluded on the 28th day of November, 1913, that said trust company was trustee under the wills of Louisa W. Chapman and Julia A. Chapman; that the…

2Cases cited4 opinions

  1. Brearley School, Ltd. v. WardNew York Court of Appeals · 1911
  2. W. & J. Sloane v. TiffanyAppellate Division of the Supreme Court of the State of New York · 1905
  3. Howard v. LeonardAppellate Division of the Supreme Court of the State of New York · 1896
  4. Raymond v. TiffanyAppellate Division of the Supreme Court of the State of New York · 1910

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