Van Bokkelein v. Berdell
New York Supreme Court
Appeal from special term, Kings county. Action for settlement of partnership accounts after dissolution, brought by .Spencer D. C. Van Bokkelein against Robert H. Berdell. There was a reference to John L. Lawrence, who made a report which the court confirmed, and .a re-reference was ordered for further accounting in conformity with the findings of that report. Lawrence died before making his second report, and Horatio 0. King was appointed to take the accounts.
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Appeal from special term, Kings county. Action for settlement of partnership accounts after dissolution, brought by .Spencer D. C. Van Bokkelein against Robert H. Berdell. There was a reference to John L. Lawrence, who made a report which the court confirmed, and .a re-reference was ordered for further accounting in conformity with the findings of that report. Lawrence died before making his second report, and Horatio 0. King was appointed to take the accounts. His report found a baljanee in favor of plaintiff of $10,369.49. The report was confirmed, and defendant appeals. His chief complaint…
1Opinion of the CourtBarnard, P. J.
The basis upon which the accounting is taken is not open •to dispute. It was settled by the interlocutory decree, and the decree by stipulation is not appealed from, and no claim is to be made that it should b'e set aside. The only question, therefore, is as to accuracy of the accounting upon ■the principles settled by that decree. The first question presented is whether the referee erred in failing to credit $3,516.65. This question was of serious moment upon the hearing preliminary to the first decree: The decree of necessity falsified the evidence in support of this item. The title to the…
2Cited by2 opinions
- Fowles v. JoslynMichigan Supreme Court · 1904
- Hancock v. FlynnNew York Supreme Court · 1889