Legal Opinion
Averill v. Barber
New York Supreme Court
Decided July 9, 1889Published
Appeal from an interlocutory judgment directing an accounting by certain defendants to a receiver for all profits, etc., derived by them from patents acquired by them which in equity were adjudged, to belong to a corporation of which they were directors.
1Opinion of the Court
The following opinion was delivered at special term, by
Patterson, J.:
“This action has been tried in a very unsatisfactory manner, not in consequence of any fault of counsel, (for, so far as it has been heard by me, it has been well and effectively presented by both sides,) but from the fact that the whole of the plaintiff’s case has by consent been put in on a record of a trial had a year ago before another judge, and I am obliged to take the evidence into consideration upon his rulings, and to give effect to the testimony then admitted. I have gone over that record with extreme care, and I…
2Cases cited23 opinions
- Hawes v. OaklandSupreme Court of the United States · 1882
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1882
- Robinson v. SmithNew York Court of Chancery · 1831
- Butts v. . WoodNew York Court of Appeals · 1867
- Greaves v. . GougeNew York Court of Appeals · 1877
18 more not listed; retrieve them via the Exa API.