Consolidated Fruit-Jar Co. v. Wisner
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by the Consolidated Fruit-Jar Company against Henry C. Wisner. From an interlocutory judgment, entered on a decision of the referee, directing defendant to account to plaintiff, defendant appealed. Transferred from First to Second department. The opinion of the referee is as follows: This action is brought for an accounting by defendant for his acts while and as president of the plaintiff.
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Appeal from special term, New York county. Action by the Consolidated Fruit-Jar Company against Henry C. Wisner. From an interlocutory judgment, entered on a decision of the referee, directing defendant to account to plaintiff, defendant appealed. Transferred from First to Second department. The opinion of the referee is as follows: This action is brought for an accounting by defendant for his acts while and as president of the plaintiff. It was commenced June 14, 1897. On February 2G, 1897, the defendant herein commenced an action in this court against the plaintiff herein. That former…
1ConcurrenceHatch, J.
I concur in the conclusion reached by the Presiding Justice in this case. The claim of the appellant is that his plea in abatement should be sustained, for the reason that all the rights of the parties can be settled in the action brought by the defendant herein, and that, as the court first acquired jurisdiction of that action, the entire claims of the parties should be adjudicated therein. If it be true that such is the necessary result of a determination of the matters set up in his complaint in that action, then I am of opinion that his claim should be sustained. It matters not whether…
2Cases cited7 opinions
- Schuehle v. . ReimanNew York Court of Appeals · 1881
- Brown v. . GallaudetNew York Court of Appeals · 1880
- Groshon v. LyonNew York Supreme Court · 1853
- Wisner v. Consolidated Fruit Jar Co.Appellate Division of the Supreme Court of the State of New York · 1898
- McGrath v. MaxwellAppellate Division of the Supreme Court of the State of New York · 1897
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