Asphalt Construction Co. v. Bouker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, De Witt C. Bouker, Jr., and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of April, 1911, overruling exceptions to the report of a referee and confirming said report, and also from a final judgment in favor of the plaintiff entered in said clerk’s office on the 24th day of July, 1911, upon said referee’s report.
1Opinion of the Court
Miller, J.:
Even if the provisions of the interlocutory judgment be ambiguous, when construed in the light of the findings and the character of the action, they justify the judgment appealed from. The complaint demanded that the defendants be required to account and “ jointly and severally to pay to the plaintiff company the aggregate amount of all profits received by them, or either of them * * * and such damages as the plaintiff company may have sustained. * * It is of no consequence that the complaint charged conspiracy to cheat and defraud and that there is no finding in terms of" a…
2Cases cited3 opinions
- Bosworth v. . AllenNew York Court of Appeals · 1901
- O'Brien v. FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1896
- O'Brien v. . FitzgeraldNew York Court of Appeals · 1896
3Cited by7 opinions
- Buttles v. SmithNew York Court of Appeals · 1939
- Moran v. VreelandNew York Supreme Court · 1913
- W. B. Cruikshank Building Corp. v. EgbertNew York Supreme Court · 1927
- Potter v. WalkerNew York Supreme Court · 1936
- Woolson Spice Co. v. Columbia Trust Co.New York Supreme Court · 1920
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