City Bank Farmers Trust Co. v. Smith

Appellate Division of the Supreme Court of New York

City Bank Farmers Trust Co. v. Smith

238 A.D. 742, 265 N.Y.S. 654, 1933 N.Y. App. Div. LEXIS 9607

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 30, 1933

StatusPublished

Cited by5 cases

This text of 238 A.D. 742 (City Bank Farmers Trust Co. v. Smith) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City Bank Farmers Trust Co. v. Smith, 238 A.D. 742, 265 N.Y.S. 654, 1933 N.Y. App. Div. LEXIS 9607 (N.Y. Ct. App. 1933).

Pincite

Opinions

Per Curiam.

The dismissal of the complaint was proper.

The facts alleged fail to justify the trustee seeking instructions of the court. The trustees are required to exercise their own judgment and discretion in many instances. Under the lease already approved by the court the trustee has definite rights and adequate remedies. Were the court in such an instance to entertain applications for instructions, trustees would become mere ministerial agents and the courts would be overrun with applications of like character.

The orders appealed from should be affirmed, with twenty dollars costs and disbursements.

Present — Finch, P. J., Merrell, O’Malley, Townley and Glennon, JJ.; Finch, P. J., and Merrell, J., dissent and vote to reverse and deny.

Free access — add to your briefcase to read the full text and ask questions with AI