Owen v. Blumenthal

A motion for summary judgment has been granted, and a referee appointed and directed to take testimony and report, not only in connection with taking and stating the accounts, but “ to ascertain and report concerning all of the acts or omissions of the defendants * * *, which acts or omissions may have affected the failure to receive more, or may have caused a diminution, of the funds and securities now held by the said defendants * * In so far as an accounting is based upon wrongdoing thus alleged, it may not be had unless such wrong doing is first established. (New York, P. & B. R. R. Co.…