Butler v. . Sprague
New York Court of Appeals
. Appeal by J. B. Yirolet from an order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term denying a motion to confirm a referee’s report.
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. Appeal by J. B. Yirolet from an order of the General Term of the Supreme Court in the second judicial department, affirming an order of Special Term denying a motion to confirm a referee’s report. Said Yirolet moved, upon a petition, for an order directing the receiver of Hoyt, Sprague & Co. to pay over to him from the assets in his hands, as receiver, the sum of $18,545.26. ,A reference was ordered, the referee to take proof of the facts and report the same with his conclusions of law. The referee reported in favor of the petitioner. The facts found by him, and other material facts, are…
1Opinion of the CourtEarl, J.
The petitioner, Virolet, prior to August, 1868, had been engaged in the business of manufacturing oilcloth, and consigned his goods to Hoyt, Sprague & Co., for sale upon commission. In that month he formed a copartnership with W. J. Bruen for the same business, and the firm continued to consign them goods to Hoyt, Sprague & Go., as their factors. About October 1, 1868, Virolet contemplated a visit to Europe and an absence of some considerable time from this country, and wished to make some arrangement with Hoyt, Sprague & Co. for advances to his firm during his absence, if they should be…
2Cases cited3 opinions
- Van Alen v. . American National BankNew York Court of Appeals · 1873
- Chapman v. . WhiteNew York Court of Appeals · 1852
- In re the President, Directors & Co. of the Franklin BankNew York Court of Chancery · 1828
3Cited by4 opinions
- Attorney-General v. North America Life InsuranceNew York Court of Appeals · 1880
- Burtnett v. First National BankMichigan Supreme Court · 1878
- Hooley v. GieveNew York Court of Common Pleas · 1878
- Terhune v. Bank of Bergen CountyNew Jersey Court of Chancery · 1881