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MATTER OF McCULLOCH

1 A.D.2d 968 (1956)

In the Matter of the Accounting of James J. McCulloch, as Substituted Trustee under a Trust Agreement Made by Louise B. Eckert, as Grantor, for Daniel D. Beale, as Life Beneficiary. In the Matter of the Accounting of James J. McCulloch, as Substituted Trustee under a Trust Agreement Made by Louise B. Eckert, as Grantor, for John F. Beale, as Life Beneficiary. James J. McCulloch, Appellant; National Surety Corporation, Respondent

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

April 16, 1956

Orders reversed, without costs, and applications denied, without costs.

Each of these applications to punish appellant for contempt, could only have been entertained upon the authority of subdivision 5 of section 505 of the Civil Practice Act, and then only if each of the surcharging orders could be regarded as a "judgment" within the contemplation of that section. Assuming that each of the surcharging orders is such a judgment...

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