Matter of Langslow
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the "fourth judicial department, made July 9, 1900, affirming an order of Special Term "entered upon the report" of a referee directing the appellant herein to pay over to the petitioner certain moneys. • This proceeding was instituted by a petition and notice of motion to compel the appellant to pay over to the respondent certain moneys which she alleged he had collected as' her attorney at law.
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Appeal from an order of the Appellate Division of the Supreme Court in the "fourth judicial department, made July 9, 1900, affirming an order of Special Term "entered upon the report" of a referee directing the appellant herein to pay over to the petitioner certain moneys. • This proceeding was instituted by a petition and notice of motion to compel the appellant to pay over to the respondent certain moneys which she alleged he had collected as' her attorney at law. The appellant denied that he had received, in a professional capacity, any money belonging to her, and alleged that, as an…
1Opinion of the CourtVann, J.
The Special Term specifically confirmed the report of the referee “ in all respects,” and thus necessarily adopted the facts found by him. As the respondent has not appealed from the order of confirmation, she is bound by the facts thus established and cannot attack them on this appeal. The appellant does not attack that portion of the report which states, in substance, that he is not indebted to the respondent for any moneys received in a professional capacity, but he contends that the referee erred in finding that he was indebted to her for a balance received by him as her business agent.…
2Cases cited2 opinions
- New York Lumber & Wood Working Co. v. SchniederNew York Court of Appeals · 1890
- Burnside v. . WhitneyNew York Court of Appeals · 1860
3Cited by15 opinions
- Matter of DolphinNew York Court of Appeals · 1925
- Cartier v. WilliamAppellate Division of the Supreme Court of the State of New York · 1907
- In re PopperAppellate Division of the Supreme Court of the State of New York · 1920
- Bischoff v. BischoffAppellate Division of the Supreme Court of the State of New York · 1903
- People Ex Rel. Andalman v. FinneganIllinois Supreme Court · 1932
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