Frethey v. Durant
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Heloise H. Fretliey, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 10th day of February, 1897, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint, and also from an order entered in said clerk’s office on the 10th day of February, 1897, upon which said judgment was entered.
1Opinion of the Court
Williams, J.:
The action was brought to compel an accounting and to recover the amount to which the plaintiff should, by such accounting, be entitled. The claim made was that the defendant was intrusted by the plaintiff, as her agent and attorney in fact, with valuable property interests, which he took charge of and out of which he realized a large amount of money which belongs to plaintiff, but which the defendant refuses to account for or pay over to her. The complaint was dismissed on the ground, as stated in the decision of the trial court, that the plaintiff had failed to prove any cause…
2Cases cited1 opinion
- Marvin v. . BrooksNew York Court of Appeals · 1883
3Cited by29 opinions
- Engelsmann v. HolekampSupreme Court of Missouri · 1966
- Farmers' Loan & Trust Co. v. PiersonNew York Supreme Court · 1927
- In re the Estate of SteinbergNew York Surrogate's Court · 1934
- In re the Judicial Settlement of the Estate of PeckAppellate Division of the Supreme Court of the State of New York · 1909
- Jordan v. UnderhillAppellate Division of the Supreme Court of the State of New York · 1904
24 more not listed; retrieve them via the Exa API.