SAYRE & TOSO, INC. v. La METROPOLITANA


26 Misc.2d 752 (1960)

Sayre & Toso, Inc., et al., Plaintiffs, v. La Metropolitana, Compania Nacional De Seguros, S. A., et al., Defendants.

Supreme Court, Special Term, New York County.

October 18, 1960


Attorney(s) appearing for the Case

Vincent & Grist (Yorkston W. Grist of counsel), for plaintiffs. Royall, Koegel, Harris & Caskey (William R. Glendon of counsel), for defendants appearing specially.


JACOB MARKOWITZ, J.

This is a motion to vacate a warrant of attachment. Defendants appear specially for this motion. They contend, as a matter of law, that the corpus of a trust fund, which is the subject of the attachment herein, is not attachable by the creditors of a defendant where the corpus is delivered to the trustees for specific purposes and the settlors are divorced from control over it. The trouble...

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