United States Trust Co. v. Stanton
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 22, 1892, which affirmed so much of a judgment entered upon a decision of the court on trial at Special Term as denied to the defendant Philip Y. E. Stanton an affirmative judgment on his counterclaim against plaintiff personally. The nature of the action and the facts, so far as material, are stated in the opinion. The counterclaim was proper.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 22, 1892, which affirmed so much of a judgment entered upon a decision of the court on trial at Special Term as denied to the defendant Philip Y. E. Stanton an affirmative judgment on his counterclaim against plaintiff personally. The nature of the action and the facts, so far as material, are stated in the opinion. The counterclaim was proper. (Davis v. Stover, 58 N. Y. 473 : Young v. Brush, 28 id. 673 ; Warrall v. Harford, 8 Ves. 8; Atty-Gen. v. City of London, 1…
1Opinion of the Court
Andrews, Ch. J.
The United States Trust Company, as substituted trustee under the last will and testament of Gilbert W. Bowne, deceased, brought this action to foreclose a mortgage executed to the original executors and trustees by the defendant Stanton. Among other defenses Stanton set up a counterclaim for services as attorney rendered on the retainer of the original executors and trustees in divers suits and proceedings in the business of the estate, all of which services were rendered prior to the substitution of the plaintiff. The trial court found the rendition of the services and their…
2Cases cited2 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- Davis v. . StoverNew York Court of Appeals · 1874
3Cited by8 opinions
- Ruzicka v. RagerNew York Court of Appeals · 1953
- Broderick v. AdamsonNew York Supreme Court · 1933
- East River Savings Bank v. 245 Broadway Corp.New York Court of Appeals · 1940
- In re the Accounting of GinsburgNew York Supreme Court · 1899
- Taishoff v. ElkemaAppellate Division of the Supreme Court of the State of New York · 1916
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