Misner v. . Strong
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 27,1903, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the. action and the facts, so far as. material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 27,1903, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the. action and the facts, so far as. material, are stated in the opinion. There is no evidence to support the alleged agreement to the effect that if the plaintiff procured a loan of the sum of $5,000, which could be used for the purpose of completing the repair of and rebuilding the vessel, the defendant William H. Strong would convey and set over unto the said…
1Opinion of the CourtVann, J.
The case made by the complaint was that on the 24th of March, 1899, the plaintiff and two of the defendants owned a steamer called the “ H. IL Fairbanks,” as tenants in common, each owning a third thereof; that during the season of navigation of 1899 said steamer, then called the “ Eliza H. Strong,” under the management of one of the defendants earned large sums of money; that the defendants not only refused to account to the plaintiff therefor, but denied that he was the owner of any interest in the vessel or that he was entitled to any part of the moneys earned by her. The relief demanded…
2Cases cited3 opinions
- Crane v. . PowellNew York Court of Appeals · 1893
- Sweet v. . HenryNew York Court of Appeals · 1903
- Dyckman v. . ValienteNew York Court of Appeals · 1870
3Cited by5 opinions
- Westchester County Park Commission v. United StatesCourt of Appeals for the Second Circuit · 1944
- In re the Judicial Settlement of the Account of KentNew York Surrogate's Court · 1915
- In re Benjamin's WillNew York Surrogate's Court · 1911
- Carver v. Miller & Houghton, Inc.New York Supreme Court · 1923
- In re the Estate of GarfieldNew York Court of Appeals · 1964