Mersereau v. Bennett

This action is brought in equity to require the defendant Bennett to account for the sum of $5,000 received by him as attorney and trustee, and that plaintiffs have judgment for said amount, with accrued interest. The answer of the defendant Bennett admits the receipt of the amount, but alleges that he has fully accounted to the plaintiffs for all moneys by him received. Upon a former trial the complaint was dismissed at the opening of the trial and without any proof having been offered. Upon appeal, the Appellate Division reversed the judgment (see 124 App. Div. 413), holding that the…