Thomson v. Hill — 154 N.Y. 761

Majority

p. 761

David Thomson, as Trustee of the Estate of Benjamin Lord, Deceased, and Mary Hanson v. Emma C. Hill et al., Appellants, Impleaded with Gilbert M. Husted, Respondent, Lorenzo Goodwin et al.

Headnote

Reported below, 87 Hun, 111 .

(Argued November 22, 1897;

decided November 30, 1897.)

Motion to dismiss an appeal from a judgment of the General Term of the Supreme Court in the first judicial department, entered June 8, 1895, which affirmed a judgment entered upon a decision of the court on trial at Special Term in an action for the construction of a will.

The motion was made upon the ground that the appellants have derived some benefit from the judgment appealed from and so are estopped.

p. 762

James F. Pendleton for motion.

Louis A. Noble and Noah Tebbetts opposed.

Motion denied, with ten dollars costs.