Ferguson v. Bruckman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Terrence F. Ferguson, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the1 county of Kings on the 28th day of September, 1897, directing the plaintiff to pay over to John Naumer, the receiver appointed in the action, the sum of $919.37, assets of the firm of T. F. Ferguson & Co., collected by said plaintiff, . and also from an order entered in said clerk’s office on the 7th day of…
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Appeal by the plaintiff, Terrence F. Ferguson, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the1 county of Kings on the 28th day of September, 1897, directing the plaintiff to pay over to John Naumer, the receiver appointed in the action, the sum of $919.37, assets of the firm of T. F. Ferguson & Co., collected by said plaintiff, . and also from an order entered in said clerk’s office on the 7th day of October, 1897, denying the plaintiff’s motion to vacate the first-mentioned order.
1Opinion of the Court
Willard Bartlett, J.:
This is a suit for an accounting between partners, which was duly referred to a referee, who determined the rights of the respective parties. After judgment had been entered upon the report of the referee, both the report and the judgment were set aside upon the application of the defendant, and the case was sent back before the same referee to continue the trial. This was done in order to enable the defendant to prove an allegation which he made as the basis of his motion to open the judgment, to the.effect that the plaintiff had collected $919.37 of partnership moneys,…
2Cases cited2 opinions
- Ferguson v. BruckmanAppellate Division of the Supreme Court of the State of New York · 1897
- Murphy v. Du BergNew York Court of Common Pleas · 1882