New York Court of Appeals March 15, 1863 (Nelson v. Eaton)

Selden, J.

The grounds on which the demurrer-was sustained in the Supreme Court are stated in the opinion as ■ follows : “ The trust instrument expressly specifying the terms on which the note came into the plaintiffs’ hands, as trustees, expressly giving them the right to sell, &c., but not to sue, the plaintiffs had no right to bring this action, as such trustees.