Lawrence v. Fowler
New York Supreme Court
Appeal in each cause, from judgment on report of referee. The first of these actions was commenced by the plaintiff, Lawrence, against the defendant’s testator, Gallup, on the 12th day of February, 1855, and the second action was commenced by Gallup against Lawrence, on the 17th day of the same month.
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Appeal in each cause, from judgment on report of referee. The first of these actions was commenced by the plaintiff, Lawrence, against the defendant’s testator, Gallup, on the 12th day of February, 1855, and the second action was commenced by Gallup against Lawrence, on the 17th day of the same month. The allegations in the complaint in the first entitled action are substantially as follows : 1st. That the said Lawrence and Gallup, on or about the 15th day of March, 1850, purchased of one Allen a lot of land in the town of Portage, containing eighty-eight and thirty-seven one-hundredths…
1Opinion of the Court
By the court, B. Darwin Smith, Justice.
These cases were brought before the court on a previous occasion, and the question was mooted whether they could be reviewed in their present shape, and it was considered without very careful examination that such reveiw could be had. They are now again brought on for argument, and we have been necessarily called upon in attempting to dispose of them upon their merits to reconsider that question. The actions are both suits in equity in the nature of cross actions, and both involve an accounting between the parties. They were referred to the same referee,…
2Cases cited2 opinions
- Eyre v. PotterSupreme Court of the United States · 1854
- Ketchum v. ClarkNew York Supreme Court · 1856
3Cited by1 opinion
- Arnold v. SinclairMontana Supreme Court · 1892