Taylor v. Root
New York Court of Appeals
Appeal from judgment of the Supreme Court in General Term for the first district, affirming judgment on the report of a referee. This is an appeal by the defendants from a judgment of the Supreme Court, rendered in the first district, upon the report of a referee and affirmed at the General Term.
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Appeal from judgment of the Supreme Court in General Term for the first district, affirming judgment on the report of a referee. This is an appeal by the defendants from a judgment of the Supreme Court, rendered in the first district, upon the report of a referee and affirmed at the General Term. The action was commenced in October, 1861, to compel the defendants to account for all their receipts and disbursements subsequent to the 31st day of July, 1857, growing out of the compilation and publication of a marine register and supplements, under an agreement between the parties, dated January…
1Opinion of the CourtWoodruff, J.
1. The agreement, set forth in the complaint herein as the foundation of the action, required the defendants to divide the net proceeds of the publication of the New York Register, etc., into five parts. Two of these parts the defendants were to retain to themselves, and one of the remaining three parts they were to pay to each of the plaintiffs.
The plaintiffs were entitled to an accounting; but although they joined in an action to compel the defendants to render an account, they could not thereby change the several nature of their respective claims to payment. When the amount of net proceeds…
2Cited by21 opinions
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- Meyer v. BrooksOregon Supreme Court · 1896
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