Cutbill v. Scott
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Paul R. Cutbill and another, individually and as administrators, from an order of the Supreme Court, made at the Rockland Special Term and entered in the office of the clerk of the county of Westchester on the 7th day of November, 1917, granting respondents’ motion for judgment on the pleadings, consisting of the complaint and their demurrers thereto, and directing the dismissal of the complaint as to the respondents.
1Opinion of the Court
Jenks, P. J.:
The appellants sue individually and as administrators of Reynolds. The respondents are two creditors of said Reynolds. The said administrators instituted accounting proceedings in the Surrogate’s Court, and the two creditors were among those *42who came in to contest the account. The referee appointed by the Surrogate’s Court reported that a sale made by the executors justified a surcharge because of inadequacy of price. While the accounting proceedings were pending, this action was begun on the equity side of the Supreme Court to undo the sale, and is to enjoin pendente lite the…
2Cases cited8 opinions
- Wood v. . BrownNew York Court of Appeals · 1866
- Townsend v. . BogertNew York Court of Appeals · 1891
- Wiser v. BlachlyNew York Court of Chancery · 1815
- Brownson v. GiffordNew York Supreme Court · 1852
- Pope v. Manhattan Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Globe American Casualty Co. v. LyonsCourt of Appeals of Arizona · 1981