Fritz v. City Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Jacob Fritz and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 20tli day of Hovember, 1901, upon the decision of the court rendered after a trial at the Hew York Special Term. This appeal was transferred from the first department to the : second department.
1Opinion of the Court
Woodward, J.:
This does not appear to be a case in which there should be any relaxation of the rule that trustees, however numerous, constitute in law but a single person, the concurrence of all of whom is necessary to the validity of any transaction involving the exercise of discretion. (Cooper v. Illinois Central R. R. Co., 38 App. Div. 22, 26, and authorities there cited.) Sometime prior to the commencement of this action Harris Cohen and Abraham Cohen, the owners of the property Ho. 10 Baxter street, Hew York city, being desirous of paying a certain mortgage upon such property, and being…
2Cases cited1 opinion
- Walsh v. . Hartford Fire Insurance Co.New York Court of Appeals · 1878
3Cited by14 opinions
- Greenough v. Tax Assessors of NewportSupreme Court of the United States · 1947
- Kind v. ClarkCourt of Appeals for the Second Circuit · 1947
- In re the Accounting of McDowellNew York Surrogate's Court · 1918
- In re EhretNew York Supreme Court · 1911
- Highland v. Empire National Bank of ClarksburgWest Virginia Supreme Court · 1933
9 more not listed; retrieve them via the Exa API.