Matter of King
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 20, 1901, which reversed an order of Special Term appointing a referee to hear and report, with his opinion, the compensation which should be allowed the petitioners for their services as attorneys, and denied the prayer of said petitioners to have their lien determined and enforced. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 20, 1901, which reversed an order of Special Term appointing a referee to hear and report, with his opinion, the compensation which should be allowed the petitioners for their services as attorneys, and denied the prayer of said petitioners to have their lien determined and enforced. The facts, so far as material, are stated in the opinion. The court had jurisdiction of this proceeding and of the respondent. (Code Civ. Pro. § 66.) The fact that respondent is a trustee does not…
1Opinion of the CourtHaight, J.
The facts are without substantial dispute. It appears.that Benjamin Williamson, a resident of the state of New Jersey, died, leaving a last will and testament, which was duly admitted to probate in that state, which will, by its terms, created a trust and appointed Isaac H. Williamson as trustee. The assets of the trust consisted chiefly of railroad stocks and bonds, and were subsequently removed from the jurisdiction of the court in New Jersey to the state of New York, where they were wrongfully hypothecated by the trustee with a firm of brokers as security for margins on speculations in…
2Cases cited5 opinions
- Goodrich v. . McDonaldNew York Court of Appeals · 1889
- Sheppard v. . SteeleNew York Court of Appeals · 1870
- In Re the Judicial Settlement of the Account of ReganNew York Court of Appeals · 1901
- Kenney v. . ApgarNew York Court of Appeals · 1883
- Thompson v. . the Erie Railroad CompanyNew York Court of Appeals · 1871
3Cited by46 opinions
- In Re the Accounting of FitzsimonsNew York Court of Appeals · 1903
- Standidge v. Chicago Railways Co.Illinois Supreme Court · 1912
- Cassie Sutton v. New York City Transit Authority, Steven Sardisco, Michael Demeo, Docket No. 04-0429-CvCourt of Appeals for the Second Circuit · 2006
- In Matter of Petition of Rosenman & Colin, Appellee-Cross-Appellant, for an Adjudication of Its Rights in the Matter of Sherrier v. Richard. Rosenman & Colin, Cross-Appellant, Julian Sherrier v. Bernice Richard, Defendant-Respondent-Appellant, Cross-AppelleeCourt of Appeals for the Second Circuit · 1988
- Kaplan v. ReussAppellate Division of the Supreme Court of the State of New York · 1985
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