8 N.Y.S. 150 | N.Y. Sup. Ct. | 1889
The complaint states facts which make a good cause of action. The plaintiff is now the sole trustee under the last will and testament of Caroline L. Stokes, deceased. The defendant Richard Ammerman was once one of the trustees under that will, but, for waste of the funds, was permitted to resign, and the remaining trustees recovered a judgment against him for the amount of such waste and misappropriation of the trust funds. This judgment was recovered on the 5th of November, 1886, and filed on the same day in the clerk’s office of the city of New York. Execution was at once issued, but was returned unsatisfied. The amount of the judgment was $4,-537.58, with interest from February 1, 1873. The plaintiff was appointed sole trustee in 1881, and not only took the trust-estate by force of the appointment, but took an assignment of the estate from the old trustee. The plaintiff has the legal title to the judgment, with power to sue upon it in his own name as trustee; and this makes him a judgment creditor of the defendant, in legal signification. .