Emmerich v. City Bank Farmers Trust Co.

Appellate Division of the Supreme Court of New York

Emmerich v. City Bank Farmers Trust Co.

275 A.D.2d 833

Procedural entryThis page is a short order in Emmerich v. City Bank Farmers Trust Co.. Read the opinion of the Court — 270 A.D. 1003 →

Appellate Division of the Supreme Court of the State of New York·Decided May 31, 1949·Published

Opinion

We find that the plaintiff had knowledge, more than six years prior to the commencement of this action, of the existence and termination of the trust described in the complaint under which he became the remainderman of his aunt Marie Auguste Emmerich and of the conversion of that portion of the corpus thereof to which this action relates. Present — Peek, P. J., Glennon, Dore, Callahan and Van Voorhis, JJ. [See post, p. 1026.]

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We find that the plaintiff had knowledge, more than six years prior to the commencement of this action, of the existence and termination of the trust described in the complaint under which he became the remainderman of his aunt Marie Auguste Emmerich and of the conversion of that portion of the corpus thereof to which this action relates. Present — Peek, P. J., Glennon, Dore, Callahan and Van Voorhis, JJ. [See post, p. 1026.]

Emmerich v. City Bank Farmers Trust Co., 275 A.D.2d 833 (N.Y. Ct. App. 1949).

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