Knox v. Metropolitan Elevated Railway Co.
New York Supreme Court
Appeal from special term, New York county. Action by John M. Knox and others as executors against the Metropolitan Elevated Railway Company and the Manhattan Railway Company, for past damages sustained by the construction and erection of defendants’ elevated railway, and for an injunction nisi against such operation. Judgment for plaintiffs, and defendants appeal.
1Opinion of the CourtBarrett, J.
It is contended that the plaintiffs cannot maintain this action because, in the caption of their complaint, they have styled themselves “as executors” and not “as trustees.” In the body of the complaint, however, they set forth the testator’s will; and allege the devise of the property in question (under the residuary clause) to his executors in trust to divide the same into eight equal parts, and to hold one of said parts for the benefit of each of eight grandchildren during his or her natural [life, and to receive the rents, issues, and profits thereof, and to apply the same to the use of…
2Cases cited16 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Williams v. McMillanOhio Supreme Court · 1849
- Monarque v. . MonarqueNew York Court of Appeals · 1880
- Beers v. . ShannonNew York Court of Appeals · 1878
11 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Leonard v. . PierceNew York Court of Appeals · 1905
- Fowler v. GowingU.S. Circuit Court for the District of Northern New York · 1907
- Harrison v. RoarkArizona Supreme Court · 1926
- Collins v. StateNew York Court of Claims · 1918
- Hartzell v. Village of HamburgNew York Supreme Court · 1935
13 more not listed; retrieve them via the Exa API.