Nelson v. . Eaton
New York Court of Appeals
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The grounds on which the demurrer was sustained in the Supreme Court are stated in the opinion as follows: "The trust instrument expressly specifying the terms on which the note came into the plaintiffs' hands, as trustees, expressly giving them the right to sell, c., but not to sue, the plaintiffs had no right to bring this action, as such trustees. There is no room for presumptions arising from their being the holders of the note, for they themselves set out…
2Cases cited4 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Elwell v. DodgeNew York Supreme Court · 1861
- Bank of Chenango v. OsgoodNew York Supreme Court · 1830
- Mead v. KeelerNew York Supreme Court · 1857
3Cited by19 opinions
- Kent v. . Quicksilver Mining Co.New York Court of Appeals · 1879
- People's Bank v. St. Anthony's Roman Catholic ChurchNew York Court of Appeals · 1888
- Curtis v. . GokeyNew York Court of Appeals · 1877
- American Surety Co. v. Philippine National BankNew York Court of Appeals · 1927
- Gaul v. . Kiel Arthe Co.New York Court of Appeals · 1910
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