Harris v. Elliott
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Bichará D. Harris against George Elliott and another, executors of John Elliott and E. Francis Biggs. From a judgment sustaining a demurrer to complaint, plaintiff appeals.
1Opinion of the CourtRumsey, J.
This action was brought in the month of November, 1895. The parties to the original action were the executors of John Elliott, the members of the firm of Riggs & Co., the administrator of the estate of Charles A. De Chambrun, and the administra*1013trix of the estate of Thomas M. Wheeler. The complaint alleged that there had been assigned to the plaintiff by Thomas M. Wheeler a mortgage to secure the sum of §10,875, which the plaintiff held as trustee for the benefit of John Elliott in a certain sum, and for the benefit of Biggs & Go. in another sum, and upon the collection of the mortgage, or…
2Cases cited3 opinions
- Nichols v. . DrewNew York Court of Appeals · 1883
- Harris v. ElliottAppellate Division of the Supreme Court of the State of New York · 1897
- Corcoran v. ManneringAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Kent v. WestAppellate Division of the Supreme Court of the State of New York · 1898
- Bilder v. EllisAppellate Division of the Supreme Court of the State of New York · 1912