Legal Opinion

Altman v. . Hofeller

New York Court of Appeals

Decided April 20, 1897PublishedCited by 20 opinions

Appeal from an order of the General Term of the Supreme Court in the fifth judicial department, entered December 29, 1894, which reversed a judgment in favor of plaintiff entered upon the report of a referee, and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from an order of the General Term of the Supreme Court in the fifth judicial department, entered December 29, 1894, which reversed a judgment in favor of plaintiff entered upon the report of a referee, and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. This action was properly brought to set aside a fraudulent and collusive accounting by one of the administrators, and to obtain a just judicial settlement of the accounts of the administrators, for the purpose of ascertaining what had been done with and who liad the estate of…

1Opinion of the CourtMartin, J.

The general and principal purposes of this action were to obtain a judicial settlement of the accounts of Gabriel Wile, as general guardian of Eli Hofeller, and as administrator of the estate of Lily Hofeller, deceased, and of the accounts of Schanette Wile and Lehman Hofeller, as administratrix and administrator of the estate of Sigmund Hofeller, deceased; to .vacate all proceedings had or taken for any such settlement in any other court; to charge Gabriel Wile with any and all amounts of money received by him from the estate of Sigmund Hofeller, either as guardian of Eli Hofeller or as…

2Cases cited12 opinions

  1. Deobold v. . OppermannNew York Court of Appeals · 1888
  2. Scofield v. . ChurchillNew York Court of Appeals · 1878
  3. Douglass v. . FerrisNew York Court of Appeals · 1893
  4. Goodsell v. Western Union Telegraph Co.New York Court of Appeals · 1888
  5. Richard v. WaltonNew York Supreme Court · 1815

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3Cited by20 opinions

  1. Wilson v. . Mechanical Orguinette Co.New York Court of Appeals · 1902
  2. United States Printing & Lithograph Co. v. PowersNew York Court of Appeals · 1922
  3. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
  4. City of Buffalo v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1903
  5. Van Beuren v. . WotherspoonNew York Court of Appeals · 1900

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