Hyperlawhypertext legal database Columbia-Knickerbocker Trust Co. v. Wainwright 152 N.Y.S. 1104

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Columbia-Knickerbocker Trust Co. v. Wainwright

152 N.Y.S. 1104 Court N.Y. App. Div. Decision date 1915-04-01 Docket No. 7103 English

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p. 1104
COLUMBIA-KNICKERBOCKER TRUST CO. v. WAINWRIGHT et al.
(No. 7103.)
(Supreme Court, Appellate Division, First Department.
April 1, 1915.)

Headnote

Appeal from Special
p. 1105
Term, New York County. Action by the Columbia-ICnickerbocker Trust Company as substituted trustee, against Cornelia R. Wainwright and another. From an order directing plaintiff to retain a certain sum of money until entry of judgment in an action aghinst it, defendant Wainwright appeals. Modified and affirmed. S. H. Olin, of New York City, for appellant. W. F. Earp, of New York City, for respondent.

The order appealed from is modified, by striking out the provision that plaintiff retain in its hands, out of the sum directed to be paid to the defendant Cornelia R. Wainwright, the sum of $4,500, to await the result of the action of Tillotson v. ColumbiaICnickerbocker Trust Company, and all references to said retained sum, and, as so modified, affirmed, with $10 costs and disbursements to the appellant.