Appellate Division of the Supreme Court of New York, 1945

Caruthers v. Title Guarantee & Trust Co.

Caruthers v. Title Guarantee & Trust Co.
Appellate Division of the Supreme Court of New York · Decided November 26, 1945
269 A.D. 998; 59 N.Y.S.2d 272; 1945 N.Y. App. Div. LEXIS 4970
Caruthers v. Title Guarantee & Trust Co.

Opinion of the Court

Two separate actions were instituted for an accounting and for interpretation of two trust indentures executed by Julia W. Bradley. After a joinder of issue plaintiffs moved for judgment under section 476 of the Civil Practice Act and rule 112 of the Rules of Civil Practice. Defendants made cross motions for judgment. Plaintiffs’ motions were granted and defendants’ motions were denied, and from the judgments entered thereon certain defendants appeal. Interlocutory judgments, insofar as appealed from, unanimously affirmed, with one bill of $20 costs and disbursements to each party filing a brief, payable out .of the trust funds. No opinion. Present — Close, P. J., Hagarty, Carswell, Johnston and Lewis, JJ. [See 270 App. Div. 764, 765.]

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