Legal Opinion

Garczynski v. Russell

New York Supreme Court

Decided February 15, 1894PublishedCited by 4 opinions

Appeal from special term, Otsego county. Action by Caroline R. G-arczynski against Dorr Russell, individually, and as executor of, and trustee under, the will of Lucy G-. Russell, deceased, Arthur D. Russell, Lucie Russell, and Minnie Russell. From an interlocutory judgment entered January 27,. 1893, on the report of a referee, defendants appeal. Dismissed.

1Opinion of the Court

MARTIN", J.

This action was in the nature of a creditor’s bill. A portion of the relief sought was that an accounting should be ordered to be made, by the estate of Lucy G. Russell, of the railroad stocks, bonds, securities, and other property, deposited with Edward G. Clark, and transferred to her, and of the proceeds and avails thereof, and all other moneys and property received by her, directly or indirectly, from Dorr Russell, and of the rents, issues, and profits thereof, and that, if it should appear that Lucy G. Russell paid anything from her own separate estate for the Bowers mortgage,…

2Cases cited11 opinions

  1. Ex Parte McCardleSupreme Court of the United States · 1869
  2. Wilcox v. SaundersNebraska Supreme Court · 1876
  3. City of Minneapolis v. WilkinSupreme Court of Minnesota · 1883
  4. Kramer v. Cleveland & Pittsburgh RailroadOhio Supreme Court · 1855
  5. Knowlton v. . AtkinsNew York Court of Appeals · 1892

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3Cited by4 opinions

  1. Erie Railroad v. StewardAppellate Division of the Supreme Court of the State of New York · 1901
  2. Jones v. SabinAppellate Division of the Supreme Court of the State of New York · 1907
  3. Glens Falls Insurance v. Extension Development Co.Appellate Division of the Supreme Court of the State of New York · 1912
  4. Mitchell v. Dunmore Realty Co.Appellate Division of the Supreme Court of the State of New York · 1909

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