In Re the Accounting of Cornell
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made May 5, 1887, which modified, and affirmed as modified, an order of Special Term settling the accounts of Gerothman W. Cornell, as assignee under an assignment for the benefit of creditors, executed March 17,1876. (Reported below, 45 Hun, 552.) On the petition of creditors of the assignors an order was granted December 6,1880, removing said assignee and appointing another in his…
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made May 5, 1887, which modified, and affirmed as modified, an order of Special Term settling the accounts of Gerothman W. Cornell, as assignee under an assignment for the benefit of creditors, executed March 17,1876. (Reported below, 45 Hun, 552.) On the petition of creditors of the assignors an order was granted December 6,1880, removing said assignee and appointing another in his place. Prior to such order Cornell had made application for a final accounting. The matter was referred to a referee,…
1Opinion of the CourtAndrews, J.
We have examined with care the complicated and perplexing details of evidence on the accounting contained in the voluminous record before us, and its perusal has left a strong impression that a strained construction has been placed by the referee upon many facts and circumstances upon which he has relied to charge the defendant with liability. This court is bound by the findings of the referee upon the facts, so far as they are supported by evidence, and have been confirmed by the General Term. But we are of opinion that errors were committed by the referee, both in respect to facts found,…
2Cases cited4 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- Litchfield v. . WhiteNew York Court of Appeals · 1852
- Shultz v. PulverNew York Court of Chancery · 1831
- In Matter of Petition of CohnNew York Court of Appeals · 1879
3Cited by20 opinions
- State ex rel. Pope v. Germania BankSupreme Court of Minnesota · 1908
- Hill v. American Surety Co.Wisconsin Supreme Court · 1900
- In Re the Final Accounting of BarnesNew York Court of Appeals · 1893
- In re PolanskyDistrict Court, S.D. New York · 1930
- In re DowningDistrict Court, N.D. New York · 1912
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