Consolidated Fruit Jar Co. v. Wisner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry C. Wisner, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of June, 1898, upon the report of a referee directing the defendant to account for the moneys, goods and property of the plaintiff, disposed of by him to his own úse and benefit, and for. all his transactions as and while president of the plaintiff.
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Appeal by the defendant, Henry C. Wisner, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 3d day of June, 1898, upon the report of a referee directing the defendant to account for the moneys, goods and property of the plaintiff, disposed of by him to his own úse and benefit, and for. all his transactions as and while president of the plaintiff. This appeal was transferred from the first department to the second department. • •
1Opinion of the Court
Goodrich, P. J. :
The complaint contains allegations making this an action in equity to compel an accounting by the defendant for his acts while president of the plaintiff corporation. • The defendant answered, and, *370among other defenses, set up as plea - in abatement the pendency of a prior action, the venue of which was in the county of Monroe. The issues were referred to Thomas Allison, Esq., before whom stipulations were made so as to call simply for a decision of the question whether the ,plaintiff should have an interlocutory judgment requiring the defendant to account as to matters…
2Cases cited9 opinions
- Savage v. . AllenNew York Court of Appeals · 1873
- Brown v. . GallaudetNew York Court of Appeals · 1880
- Groshon v. LyonNew York Supreme Court · 1853
- Frethey v. DurantAppellate Division of the Supreme Court of the State of New York · 1897
- Wisner v. Consolidated Fruit Jar Co.Appellate Division of the Supreme Court of the State of New York · 1898
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3Cited by12 opinions
- National Fire Insurance v. HughesNew York Court of Appeals · 1907
- Rosenberg v. SlotchinAppellate Division of the Supreme Court of the State of New York · 1917
- Cornell v. BonsallAppellate Division of the Supreme Court of the State of New York · 1917
- Jordan v. UnderhillAppellate Division of the Supreme Court of the State of New York · 1904
- Ogden v. Pioneer Iron WorksAppellate Division of the Supreme Court of the State of New York · 1904
7 more not listed; retrieve them via the Exa API.