COCKSHAW, JR. v. GUAR. TRUST CO.


282 A.D. 688 (1953)

Herbert Cockshaw, Jr., as Successor Trustee under The Will of Alfred Costello, Deceased, Appellant, v. Guaranty Trust Company of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 30, 1953.


Per Curiam.

The complainant in this action meticulously asserts a cause of action based on tort by a depositary in permitting a trustee to convert entrusted assets left with the depositary. To that precise cause of action the defense of the three-year Statute of Limitations applies, and is sufficient. We pass on no other cause of action not pleaded. Facts which may charge one with actual or constructive knowledge are...

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