Chemical Bank v. Herman

New York Court of Appeals

Chemical Bank v. Herman

305 N.E.2d 778, 33 N.Y.2d 800, 350 N.Y.S.2d 657, 1973 N.Y. LEXIS 931

DecidedNovember 21, 1973

StatusPublished

This text of 305 N.E.2d 778 (Chemical Bank v. Herman) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chemical Bank v. Herman, 305 N.E.2d 778, 33 N.Y.2d 800, 350 N.Y.S.2d 657, 1973 N.Y. LEXIS 931 (N.Y. 1973).

Pincite

Opinion

Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the trust, in the following memorandum: The court bases its conclusion that no trust was created in 1931 on the fact that there was then no acceptance of any trust. The court is not required to and does not reach the issue whether there was a failure to establish effectively a trust res by substitute documentation and delivery of the substitute document to a third person.

Concur: Chief Judge Fuld and Judges Burke, Breitel, Jasek, Garrielli, Jokes and Wachtler.

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Order affirmed, with costs to all parties appearing separately and filing separate briefs payable out of the trust, in the following memorandum: The court bases its conclusion that no trust was created in 1931 on the fact that there was then no acceptance of any trust. The court is not required to and does not reach the issue whether there was a failure to establish effectively a trust res by substitute documentation and delivery of the substitute document to a third person.

Concur: Chief Judge Fuld and Judges Burke, Breitel, Jasek, Garrielli, Jokes and Wachtler.

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Bluebook (online)

305 N.E.2d 778, 33 N.Y.2d 800, 350 N.Y.S.2d 657, 1973 N.Y. LEXIS 931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chemical-bank-v-herman-ny-1973.