Cole v. Hawley
Supreme Court of Connecticut
Action by a former testamentary trustee to recover from the life beneficiary moneys advanced to her by such trustee from time to time in excess of the net income of the trust fund, and for an order requiring the application of subsequently-accruing income to the repayment of such advances, brought to the Superior Court in Fairfield County where the defendants’ motion to expunge was denied and their demurrer to the complaint was overruled (Maltbie, J.), the plaintiff’s motion…
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Action by a former testamentary trustee to recover from the life beneficiary moneys advanced to her by such trustee from time to time in excess of the net income of the trust fund, and for an order requiring the application of subsequently-accruing income to the repayment of such advances, brought to the Superior Court in Fairfield County where the defendants’ motion to expunge was denied and their demurrer to the complaint was overruled (Maltbie, J.), the plaintiff’s motion to strike out portions of the answer was granted and his demurrer to certain paragraphs thereof was sustained {Kellogg,…
1Opinion of the CourtBeach, J.
All of the paragraphs of the defendants’ motion to expunge parts of the complaint, except those numbered 3, 4, 5 and 8, attempt to raise issues of law, and are repeated in the demurrer, where they properly belong. The excepted paragraphs practically cover the whole complaint, and allege in effect that every one of its essential allegations is immaterial and irrelevant. For that reason the motions were properly denied.
Paragraphs 1, 2, 4, 6 and 9 of the demurrer assert, in various forms, the proposition that the whole complaint is insufficient because the written contract, Exhibit L, printed in…
2Cases cited5 opinions
- Radezky v. Sargent & Co.Supreme Court of Connecticut · 1904
- Ferguson v. YardSupreme Court of Pennsylvania · 1894
- O'Connor v. Town of WaterburySupreme Court of Connecticut · 1897
- Fanning v. MainSupreme Court of Connecticut · 1904
- Oellien v. GaltMissouri Court of Appeals · 1910
3Cited by12 opinions
- Morico v. CoxSupreme Court of Connecticut · 1947
- Cashman v. Meriden HospitalSupreme Court of Connecticut · 1933
- Dillon v. MillotConnecticut Superior Court · 1949
- Holden v. Crown Chemical CorporationConnecticut Superior Court · 1954
- Hofmiller v. JosephConnecticut Superior Court · 1952
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