Legal Opinion
Wehle v. Koch
The Superior Court of New York City
Decided April 11, 1892Published
Appeal by plaintiff from an order striking out bis complaint and from the judgment entered thereon. Appeal by defendant from an order sustaining plaintiff’s demurrer to part of the answer and from the judgment entered therein. The facts and points in the. case in the first appeal fully appear in the opinion of the judge at special term, which is as follows :—
1Opinion of the CourtMcAdam, J.
"The in the hands of the defendant are held by him in trust under the will of John C. Koch. ' The trust is, therefore, one created by a person other than the judgment debtor (Code § 1879). A judgment creditor might, nevertheless, by bill in equity reach any surplus that had accumulated in the hands of the trustees, and provision might be made in the judgment determining what would be a reasonable alloAvance for the cestui que trust, and directing the application towards the judgment of any future surplus until the same is fully paid (Williams v. Thorn, 70 N. Y., 270; Wait on Fraud. Convey.,…
2Cases cited6 opinions
- Williams v. . ThornNew York Court of Appeals · 1877
- People v. . BoothNew York Court of Appeals · 1865
- Rickets v. LivingstonNew York Supreme Court · 1800
- Stagg v. BeekmanNew York Court of Chancery · 1833
- Parsons v. HayesThe Superior Court of New York City · 1883
1 more not listed; retrieve them via the Exa API.