Brown v. Barker
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William M. Brown, from an interlocutory judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Onondaga on the 2d day ■of August, 1901, upon the decision of the court, rendered after a trial at the Oneida Special Term, sustaining demurrers interposed by the defendants, upon the ground that the complaint does not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Hiscock, J. :
This action was brought by the plaintiff as a creditor of the defendant Alvin J. Belden to reach the surplus income of a trust created for the latter’s benefit and support. The precise ground upon which the demurrers were sustained was that the right to such surplus had vested in the defendant Smith as his trustee in bankruptcy, and that the plaintiff had no right to proceed against the same.
*594It is alleged, amongst other things, in the plaintiff’s complaint that he has a claim for $10,000 and interest against the defendant Belden as indorser of two notes; that the father of said…
2Cases cited2 opinions
- Williams v. . ThornNew York Court of Appeals · 1877
- National Tradesmen's Bank v. WetmoreNew York Court of Appeals · 1891
3Cited by1 opinion
- Butler v. BaudouineAppellate Division of the Supreme Court of the State of New York · 1903