Legal Opinion

Jackson v. Elmont Cemetery, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided June 30, 1949Published

1Opinion of the CourtCohn, J.

This is a representative action brought by plaintiff on his own behalf and on behalf of all other certificate holders of Series “ BB ” of defendant Elmont Cemetery, Inc. (hereinafter called Elmont) against Elmont, a cemetery corporation, its president and his wife, doing business as Goldberg and Glassir. It is charged that by the terms of the certificates defendant Elmont was under a trust obligation to devote 70% of the gross proceeds of the sale of its land to the payment of outstanding certificates; that despite such obligation Elmont entered into an agreement with selling agents in 1943…

2Cases cited3 opinions

  1. Seymour v. Spring Forest Cemetery Ass'nNew York Court of Appeals · 1895
  2. Reese v. Pinelawn CemeteryAppellate Division of the Supreme Court of the State of New York · 1934
  3. Firmes v. Mount Hope Cemetery Assn.New York Court of Appeals · 1928

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