Hoffman House, New York, as Trustee, Appellant v. Elizur v. Foote, as Executor of Edward S. Stokes, Deceased…

Summary

The New York Court of Appeals reversed the trial court's nonsuit and remanded for a new trial, holding that the plaintiff, Hoffman House, as trustee, had a valid cause of action to recover the pledged fund and that the alleged release by the defendant was not established. The dissent argued the nonsuit was proper and urged affirmation of the lower court's dismissal.