Legal Opinion

Collender v. . Phelan

New York Court of Appeals

Decided January 13, 1880PublishedCited by 10 opinions

Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. , The nature of the action and the facts are set forth sufficiently in the opinion.

1Opinion of the CourtRapallo, J.

This action was for an accounting between the plaintiff, as surviving partner of the late firm of Phelan & Collender, consisting of the plaintiff and Michael Phelan, deceased, and the defendants as executors and executrix of the deceased partner. The questions before us arise upon, exceptions to the report of the referee settling the account.

The first exception is to the allowance to the plaintiff of an item of $3,544.12, which was the aggregate of various small sums charged by plaintiff in the statement of his accounts presented to the referee, as payments made by plaintiff for account of…

2Cited by10 opinions

  1. King v. . LeightonNew York Court of Appeals · 1885
  2. Rodgers v. . ClementNew York Court of Appeals · 1900
  3. Beste v. BurgerNew York Court of Common Pleas · 1885
  4. Curtin v. Western Union Telegraph Co.Appellate Terms of the Supreme Court of New York · 1896
  5. Folsom v. MarletteNevada Supreme Court · 1897

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