Stokes v. . Amerman
New York Court of Appeals
Appeal from an interlocutory judgment of the General Term of the Supreme Court in the second judicial department, entered: upon an order made December 9,1889, which affirmed an-interlocutory judgment in favor of plaintiff entered upon an order of Special Term overruling demurrers to the complaint. The nature of the action and the facts alleged in the complaint' are-stated, in substance, in the opinion.
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Appeal from an interlocutory judgment of the General Term of the Supreme Court in the second judicial department, entered: upon an order made December 9,1889, which affirmed an-interlocutory judgment in favor of plaintiff entered upon an order of Special Term overruling demurrers to the complaint. The nature of the action and the facts alleged in the complaint' are-stated, in substance, in the opinion. An action respecting the policy cannot be maintained by a creditor during the life-time of the husband. (Brummer v. Cohn, 86 N. Y. 11; Frank v. Ins. Co., 102 id. 266; Smillie v. Quinn, 90 id.…
1Opinion of the CourtO’Brien, J.
The sole question involved in this appeal is whether the complaint states facts sufficient to constitute a cause of action.
It states that the defendant, Bichard Amerman, in the years 1871 and 1872, while acting as executor or trustee under the will of Caroline L. Stokes, converted certain moneys belonging to said trust to his own use. That upon application to the court he was removed as trustee, and directed by an order to make restitution of the sum so converted, amounting to $4,287.58. That the plaintiff was appointed his successor in the trust in 1881, and in November, 1886, he procured a…
2Cases cited3 opinions
- People v. Security Life Insurance & Annuity Co.New York Court of Appeals · 1879
- Baxter v. Brooklyn Life InsuranceNew York Court of Appeals · 1890
- Baron v. . BrummerNew York Court of Appeals · 1885
3Cited by5 opinions
- Ellison v. StrawWisconsin Supreme Court · 1903
- Red River National Bank v. DeberryCourt of Appeals of Texas · 1907
- Merchants' & Miners' Transportation Co. v. BorlandNew Jersey Court of Chancery · 1895
- Greenberg v. GoodmanNew Jersey Court of Chancery · 1940
- Purvin v. GreyAppellate Division of the Supreme Court of the State of New York · 1945