Hollister v. Simonson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William H. Simonson and others, from a judgment of the Supreme .Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 16th day of February, 1898; upon the report óf a referee.
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Appeal by the defendants, William H. Simonson and others, from a judgment of the Supreme .Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 16th day of February, 1898; upon the report óf a referee. The action was brought to establish the rights of the plaintiff in certain real estate as to which the plaintiff and the defendant Simonson- were engaged in a joint venture, and which Simonson procured to be sold without giving notice to the plaintiff.
1Opinion of the Court
Van Brunt, P. J. :
In the disposition of this appeal, in view of the conclusion arrived at by the Appellate Division of the second department, when the case was before that court upon appeal, it does not seem necessary to discuss at length the conclusions to¡_be drawn from the evidence offered in this case in respect to the relations of the parties to this action to the enterprise in., which they were held to be jointly engaged. ' The evidence is not substantially different, and the conclusion arrived at seems to be more than supported by the proofs. It was held upon the previous appeal…
2Cases cited4 opinions
- Buchan v. SumnerNew York Court of Chancery · 1847
- Collumb v. . ReadNew York Court of Appeals · 1862
- Brewster v. . WoosterNew York Court of Appeals · 1892
- Hollister v. SimonsonAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by14 opinions
- Pace v. PerkAppellate Division of the Supreme Court of the State of New York · 1981
- Dalury v. RezinasAppellate Division of the Supreme Court of the State of New York · 1918
- Notch View Associates v. SmithNew Jersey Superior Court Appellate Division · 1992
- Blaustein v. Pan American Petroleum & Transport Co.New York Supreme Court · 1940
- Bingham v. KeylorWashington Supreme Court · 1901
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