Chester v. . Jumel
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 24, 1889, which modified and affirmed as modified a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The rights of the defendants as between themselves cannot be adjudicated in this action. (Smith v. Hilton, 2 N. Y. Supp. 820; Pom. Eq.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 24, 1889, which modified and affirmed as modified a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The rights of the defendants as between themselves cannot be adjudicated in this action. (Smith v. Hilton, 2 N. Y. Supp. 820; Pom. Eq. Juris. §§ 244, 245; Bonton v. City of Brooklyn, 15 Barb. 375; Crevier v. Mayor, etc., 12 Abb. Pr. [N. S.] 340.) DeOhambrun’s…
1Opinion of the Court
Ruger, Ch. J.
We agree with the General Term in the conclusions reached by them, except in regard to the subject of interest on the Schermerhorn claim. The action was brought by the plaintiff, claiming, as one of the beneficiaries in a trust estate held by one John Elliot, to obtain an accounting by said trustee in regard to the trust, a determination of the respective rights of the several parties claiming an interest in such trust fund, and the payment to him of such share in said estate as he might show himself entitled to.
The trust fund consisted of property recovered by the heirs of one…
2Cases cited4 opinions
- Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
- Dana v. . FiedlerNew York Court of Appeals · 1854
- Fairbanks v. . SargentNew York Court of Appeals · 1887
- Purdy v. . PhilipsNew York Court of Appeals · 1854
3Cited by24 opinions
- Yale Gas Stove Co. v. WilcoxSupreme Court of Connecticut · 1894
- Davison v. KlaessNew York Court of Appeals · 1939
- Colorado & Southern Railway Co. v. BlairNew York Court of Appeals · 1915
- Rodgers v. . ClementNew York Court of Appeals · 1900
- Casket Co. v. . WheelerSupreme Court of North Carolina · 1921
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