Garvey v. Owens
New York Supreme Court
Appeal from special term, New York county. Action by Joseph J. Garvey against the New York Life Insurance & Trust Company, Joseph Garvey, an infant, and Margaret Owens, for an accounting. Plaintiff died pending the action, and John Garvey, his administrator, was substituted as plaintiff. He appealed from an interlocutory judgment directing an accounting, and, on his appeal, such judgment was modified, and, as modified, affirmed.
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Appeal from special term, New York county. Action by Joseph J. Garvey against the New York Life Insurance & Trust Company, Joseph Garvey, an infant, and Margaret Owens, for an accounting. Plaintiff died pending the action, and John Garvey, his administrator, was substituted as plaintiff. He appealed from an interlocutory judgment directing an accounting, and, on his appeal, such judgment was modified, and, as modified, affirmed. See decision on such appeal, 7 N. Y. Supp. 818. On an accounting pursuant thereto, before a referee, final judgment was entered crediting defendants Owens and Garvey…
1Opinion of the CourtVan Brunt, P. J.
The principal grounds which are urged by the plaintiff' (appellant) upon this appeal are those which have been disposed of by this-court upon a previous appeal, and it is not necessary to consider the same here. This judgment was the result of an accounting between the parties as to the rents, etc., of certain premises of which the plaintiff’s decedent had been adjudged to be entitled to a conveyance. In the course of the accounting the referee allowed the defendants to charge a percentage for the collection of the rents of the premises in question. It was clear that the trust company was…
2Cited by6 opinions
- Willis v. HendrySupreme Court of Connecticut · 1940
- Delaware National Bank of Delhi v. Wiss, New York County Courts1936
- Ochs v. David Maydole Hammer Co.New York Supreme Court · 1930
- Nail v. American Nat. BankDistrict Court, N.D. Oklahoma · 1937
- In re Binghamton Trust Co.Appellate Division of the Supreme Court of the State of New York · 1903
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