Seger v. Farmers' Loan & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, New York County. Action by George N. Seger, as administrator of the estate of Louisa Schaeffler, deceased, against the Farmers’ Loan & Trust Company and another. From a judgment for defendant Farmers’ Loan & Trust Company, plaintiff appeals. Reversed.
1Opinion of the CourtLaughlin, J.
1 am of the opinion that the facts now appearing are materially diffeient from those presented by the record on the former appeal, and that the dissenting opinions of Mr. Justice INGRAHAM and myself (73 App. Div. 293, 76 N. Y. Supp. 721), upon which the judgment was reversed by the Court of Appeals (176 N. Y. 589, 68 N. E. 1124), are not controlling. The action is brought upon an assigned claim to compel the payment of a legacy; it being alleged that the trust company, as trustee, wrongfully paid the legacy to the original legatee, with notice of the assignment. Upon the former appeal it…
2Cases cited1 opinion
- Seger v. Farmers' Loan & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1902