Marvin v. . Brooks
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made' December 23, 1881, which affirmed a judgment in favor of defendant, entered upon the report of a referee. This was an action for an accounting.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made' December 23, 1881, which affirmed a judgment in favor of defendant, entered upon the report of a referee. This was an action for an accounting. The complaint alleged in substance that an agreement was made in September, 1878, between the plaintiff and defendant Brooks for a joint purchase of a lot of securities then held by one Potter, the executor of Ward; that the defendant Brooks had the sole management of the purchase; that the plaintiff, in the first instance,…
1Opinion of the CourtFinch, J.
There has been no accounting in this ease such as a court of equity awards when it determines that such relief is proper. The finding of the referee that Brooks had fully accounted for the stock and bonds and the purchase-price of the.same, must be understood in connection with the theory of the report that Brooks was to purchase the whole of the stock and bonds, and then one-half of each was to be delivered to and “ become the property of ” the plaintiff, “ on his paying therefor one-half of the purchase-money.” That view of the transaction makes it an ordinary contract of purchase and sale,…
2Cases cited1 opinion
- Marston v. . GouldNew York Court of Appeals · 1877
3Cited by131 opinions
- Clews v. JamiesonSupreme Court of the United States · 1901
- Bosworth v. . AllenNew York Court of Appeals · 1901
- Uhlman v. . New York Life Ins. Co.New York Court of Appeals · 1888
- Little v. PhippsMassachusetts Supreme Judicial Court · 1911
- Corr v. HoffmanNew York Court of Appeals · 1931
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