Finlay v. . Chapman
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made September 9, 1889, which affirmed an order of Special Term denying an application by plaintiff for the inspection of defendant’s private books of account. The material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made September 9, 1889, which affirmed an order of Special Term denying an application by plaintiff for the inspection of defendant’s private books of account. The material facts are stated in the opinion. The plaintiff’s right to a discovery and inspection of the defendant’s books and papers is based on the fact that the plaintiff is a cestui que trust seeking to compel his trustee to account for the trust estate. In such cases the cestui que trust has the right to an inspection of all books of the…
1Opinion of the CourtO’Bkibn, J.
This action is brought by the plaintiff as assignee of a residuary legatee and devisee of Augustus Chapman, deceased, against the defendant Bichard B. Chapman, as the sole surviving executor and trustee under the will, to set aside certain conveyances of real property belonging to the estate, alleged in the complaint to have been fraudulent, and for an accounting of the profits and use of the estate moneys, and for other purposes, the action being very broad in its general scope and purpose.
After issue joined, the case was referred and partially tried. During the trial the defendant became…
2Cited by6 opinions
- Katz v. RichmanSupreme Court of Connecticut · 1932
- Hart v. Ogdensburg & Lake Champlain RailroadNew York Supreme Court · 1893
- Pots v. HermanNew York Court of Common Pleas · 1894
- Fleischmann v. FleischmannNew York Supreme Court · 1900
- Young v. United StatesCourt Of Appeals Of Indian Territory · 1907
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