Seger v. . Farmers' Loan 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 April 9, 1906, affirming a judgment in favor of plaintiff entered upon a decision' of the court on trial at Special Term. The nature of the action and the facts, so far as material^ are stated in the opinion.
1Opinion of the CourtWerner, J.
This action was brought to recover a legacy in favor of one Louisa Barry, under the will of Caroline Wildberger, deceased, which was assigned by the legatee to the plaintiff’s intestate. The defendant is the substituted trustee under said will. The action has been tried three times. At the first trial there was judgment for the plaintiff, which was affirmed in the Appellate Division with two dissenting opinions. (73 App. Div. 293.) On appeal to this court the judgments below were reversed and a new trial ordered on the dissenting opinions referred to. (176 N.Y. 589.) At the second trial…
2Cases cited2 opinions
- Seger v. Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Seger v. Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by2 opinions
- Ward v. City Trust Co. of New YorkNew York Court of Appeals · 1908
- Squire v. . OrdemannNew York Court of Appeals · 1909