Greenly v. Shelmidine
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Jerome L. Shelmidine, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Jefferson on the 29th day of July, 1902, upon the decision of the court, rendered after a trial at the Jefferson Special Term, enforcing a verbal agreement as to real property and directing an accounting before a referee.
1Opinion of the Court
Williams, J.:
The judgment should be affirmed, with costs.
The action is to enforce a verbal agreement as to real property, and to procure restitution thereof and the proceeds of the same, after compensation for services and reimbursement for moneys properly expended in the management and sale of the property under the agreement.
The trial court decided that the plaintiff was entitled to this relief, and ordered an accounting before a referee, reserving all other questions until the coming in of the report of the referee appointed to take and state the account. The appellant claims that the…
2Cases cited3 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Smith v. . SmithNew York Court of Appeals · 1891
- Kincaid v. . KincaidNew York Court of Appeals · 1899
3Cited by7 opinions
- Gray v. BeardOregon Supreme Court · 1913
- Greenley v. GreenleyAppellate Division of the Supreme Court of the State of New York · 1906
- Cole v. ZellanDistrict of Columbia Court of Appeals · 1947
- Orville v. Newski, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Ulman v. Equitable Life Assurance SocietyAppellate Division of the Supreme Court of the State of New York · 1914
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