Nirdlinger v. Bernheimer
New York Supreme Court
Appeal from judgment on report of referee, and motion for a new trial. Action by Hannah Mrdlinger and others, administrator and heirs of Frederick Nirdlinger, deceased, against Isaac Bernheimer and others, for an accounting of the proceeds of lands sold by said defendant Bernheimer, and for a conveyance of a portion of other lands, the title to which was alleged to have been held by him, for plaintiffs and others made defendants in the action.
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Appeal from judgment on report of referee, and motion for a new trial. Action by Hannah Mrdlinger and others, administrator and heirs of Frederick Nirdlinger, deceased, against Isaac Bernheimer and others, for an accounting of the proceeds of lands sold by said defendant Bernheimer, and for a conveyance of a portion of other lands, the title to which was alleged to have been held by him, for plaintiffs and others made defendants in the action. An interlocutory judgment for plaintiffs was entered on the report of a referee, and defendant Bernheimer appeals therefrom, and also moves for a new…
1Opinion of the CourtDaniels, J.
The action was brought to secure an accounting concerning dealings in real estate located in the state of Minnesota. In or about the year 1855 seven different persons entered into an agreement, or understanding, for the purchase, improvement, and sale of the lands, at their joint expense, and for their individual profit and advantage. The moneys used to obtain the title to the lands were contributed to the extent of one-third by the defendant Bernheimer and two other persons engaged in business with him, as partners, and to the extent of one-third by the three members of the firm of Arnold,…
2Cases cited6 opinions
- Brown v. County of Buena VistaSupreme Court of the United States · 1877
- Cook v. . BarrNew York Court of Appeals · 1870
- King v. . LeightonNew York Court of Appeals · 1885
- Randall v. ConstansSupreme Court of Minnesota · 1885
- Burnett v. . SnyderNew York Court of Appeals · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Replogle v. NeffSupreme Court of Oklahoma · 1936
- Nirdlinger v. BernheimerNew York Supreme Court · 1895