Legal Opinion

Schwarz v. Avery

Supreme Court of Vermont

Decided May 4, 1943PublishedCited by 21 opinions

1Opinion of the CourtMoultoN, C. J.

This is an action in tort for the alleged conversion of a pearl necklace. The cause was tried below without a jury, and resulted in judgment for the defendant. It is here upon the plaintiff’s exceptions.

According to the findings of fact the defendant is the trustee of a fund known as the Avery Trust, which was established on September 12, 1921, by her and her husband, Brainard Avery, both of whom are beneficiaries thereof. The original trustees were Robert K. Wehner and the New York Trust Company. Wehner died in October, 1934, and, on March 17, 1937, the New York Trust Company was succeeded…

2Cases cited8 opinions

  1. Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
  2. Heffner v. First Nat. Bk. of Hunt'donSupreme Court of Pennsylvania · 1933
  3. Levin v. RouilleSupreme Court of Vermont · 1938
  4. Richardson v. Winnisimmet National BankMassachusetts Supreme Judicial Court · 1905
  5. Hellman Commercial Trust & Savings Bank v. ArmstrongCalifornia Court of Appeal · 1919

3 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Thompson v. SmithSupreme Court of Vermont · 1957
  2. E. A. Strout Realty Agency, Inc. v. WoosterSupreme Court of Vermont · 1953
  3. Holton Estate v. EllisSupreme Court of Vermont · 1946
  4. McKinney v. McKinney KelleySupreme Court of Vermont · 1958
  5. Abatiell v. MorseSupreme Court of Vermont · 1948

16 more not listed; retrieve them via the Exa API.

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