City Bank Farmers Trust Co. v. Ernst

Pound, Ch. J.

The judgment appealed from is interlocutory and the appeal must be dismissed. (Civ. Pr. Act, § 588, subd. 1; Van Arsdale v. King, 155 N. Y. 325.) The action is for an accounting and a judicial construction of a deed of trust. The judgment construes the deed and directs an accounting. The appellants are entitled to the net income from two funds respectively during life. These funds consist of shares of the common stock of the General Electric Company. The question decided had to do with the meaning of the words “ net income.” Appellants contend that it includes not only cash…