King v. . Leighton
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made on the 5th day of October, 1880, which reversed a judgment entered on the report of a referee. (Reported below, 22 Hun, 419.) The nature of the action and the material facts are stated in the opinion. Defendant was bound to render a faithful account, and King had an absolute right to suppose he would fulfill his obligation.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made on the 5th day of October, 1880, which reversed a judgment entered on the report of a referee. (Reported below, 22 Hun, 419.) The nature of the action and the material facts are stated in the opinion. Defendant was bound to render a faithful account, and King had an absolute right to suppose he would fulfill his obligation. (Mead v. Bunn, 32 N. Y. 275; Story on Part., § 172; Collyer, §178.) Where there is any mistake, or omission, or accident, or fraud, or undue advantage by which an accounting…
1Opinion of the Court
Ruger, Ch. J.
The General Term reversed the judgment entered in favor of the plaintiff, upon an accounting between partners, on the ground that the referee erroneously allowed him the profits made upon certain unfinished contracts, which were completed after the assumed dissolution of. the firm, occasioned by the bankruptcy of the plaintiff. This was held to follow from the effect, ascribed by that court, to the acts of the plaintiff and his receiver and assignee in bankruptcy, in collecting rent from the defendant for the use of the plaintiff’s shops and machinery, in completing such…
2Cases cited3 opinions
- Case & wife v. AbeelNew York Court of Chancery · 1829
- Murray v. MumfordNew York Supreme Court · 1826
- Collender v. . PhelanNew York Court of Appeals · 1880
3Cited by47 opinions
- Kulukundis Shipping Co. v. Amtorg Trading Corp.Court of Appeals for the Second Circuit · 1942
- Genet v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1893
- Cousins Investment Co. v. Hastings Clothing Co.California Court of Appeal · 1941
- Simon v. . EtgenNew York Court of Appeals · 1915
- Wilson v. . Mechanical Orguinette Co.New York Court of Appeals · 1902
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