Benedict v. Clarke
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Antoinette Lockwood Clarke, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 8th day of November, 1909, upon the decision of the court, after a trial at the Queens County Special Term, overruling a ■ demurrer to the complaint.'
1Opinion of the Court
Jenks, J.:
The plea of the plaintiff is that perforce of the judgment in Louisiana she is entitled to one-half of the moneys, and as usufructuary to the. possession of the other half of the moneys sued for in this action. As to one-half of the moneys her plea is that of the legal owner thereof, and she stands upon the same'footing as any other legal owner. (Toronto G. T. Co. v. Chicago, B. & Q. R. R. Co., 123 N. Y. 37, 46.)
A usufructuary is one who has the- usufruct. And a usufruct is *243the right of enjoying a thing the property of which is vested in another, and to draw from the same all the…
2Cases cited9 opinions
- Brownell v. . Town of GreenwichNew York Court of Appeals · 1889
- Pringle v. . WoolworthNew York Court of Appeals · 1882
- Teel v. . YostNew York Court of Appeals · 1891
- Schluter v. . Bowery Savings BankNew York Court of Appeals · 1889
- People ex rel. Haws v. WalkerNew York Supreme Court · 1856
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Benedict v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1910
- Chiodo v. RiceAppellate Division of the Supreme Court of the State of New York · 1959
- Philadelphia County Grand Jury Investigation CaseSupreme Court of Pennsylvania · 1943