Irving Trust Co. v. Lombard
This text of 258 A.D. 37 (Irving Trust Co. v. Lombard) 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.
Opinion
An accounting by the trustee should not have been ordered until an interlocutory judgment providing for such accounting had been entered after trial of the issues or upon motion on the pleadings if no issue be raised. (Post v. Van Siclen, 132 App. Div. 796; Starr v. Selleck, 138 id. 277; Gibson v. Widman, 106 id. 388; Schaffer v. City Bank Farmers Trust Co., 244 id. 463.)
The order should be reversed, with twenty dollars costs and disbursements, and the motion denied.
Present — Martin, P. J., Townley, Untermyer, Cohn and Callahan, JJ.
Order unanimously reversed, with twenty dollars costs and disbursements, and the motion denied.
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Cite This Page — Counsel Stack
258 A.D. 37, 15 N.Y.S.2d 588, 1939 N.Y. App. Div. LEXIS 6351, Counsel Stack Legal Research, https://law.counselstack.com/opinion/irving-trust-co-v-lombard-nyappdiv-1939.