Newhall v. . Wyatt
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made March 17, 1893,, which affirmed an order of Special Term overruling exceptions to the report of a referee and confirmed said report. The facts, so far as material, are stated in the opinion. There was no special partnership existing between Henry G. Hewhall and Christopher A.. Wyatt so far as the rights of James It. Clark in this proceeding were concerned.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made March 17, 1893,, which affirmed an order of Special Term overruling exceptions to the report of a referee and confirmed said report. The facts, so far as material, are stated in the opinion. There was no special partnership existing between Henry G. Hewhall and Christopher A.. Wyatt so far as the rights of James It. Clark in this proceeding were concerned. (Ex parte Howard, 9 Wall. 175; Herman on Estoppel, § 129, et seq.; Williams v. Gibbs, 17 How. 239; Smith v. Argali, 6 Hill, 479; Bowen v.…
1Opinion of the CourtFinch, J.
In an action brought by the plaintiff for a dissolution of the partnership of C. A. Wyatt & Co., a receiver was appointed, who advertised for the presentation of claims against the firm, as preliminary to the winding up of its affairs. James R. Clark appeared as one of the creditors, and presented a claim for something over $33,000. Upon the application of the receiver, a referee was appointed to take evidence and pass upon this claim, and his report, awarding the creditor only about $3,000, has been confirmed by the court and approved by the General Term on appeal. The creditor comes to this…
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