Legal Opinion

Carl v. Meyer

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1900PublishedCited by 7 opinions

. Appeal by the defendants,.'Francis Meyer and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 10th day of July, 1899, upon the report of a referee. This appeal was transferred from the first department to the second department. Judgment affirmed,- with costs, upon the opinion of the referee. ■ All concurred.

1Opinion of the Court

The following is the opinion of the referee :

Eugene H. Pomeroy, Referee :

This action.is brought by the plaintiff to recover from the defendants, as sureties upon a receiver’s bond, the amount which he has lost by reason of the receiver’s unfaithfulness and failure to account.

William Carl, the plaintiff here, in November, 1888, brought suit against. Frederick Carl for a dissolution óf the copartnership then and theretofore existing between them and for an accounting. In this action the plaintiff applied for the appointment of a receiver, and upon November 22,1888, this motion was granted, and…

2Cases cited4 opinions

  1. Concordia Savings & Aid Ass'n v. ReadNew York Court of Appeals · 1891
  2. Fellows v. GilmanNew York Supreme Court · 1830
  3. McGowen v. DeyoNew York Supreme Court · 1850
  4. Thompson v. DennerAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by7 opinions

  1. Scaccia Concrete Corp. v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1995
  2. Sklar & Cohen Woodworking Co. v. OwenAppellate Division of the Supreme Court of the State of New York · 1917
  3. Nichols v. DexterSupreme Court of Oklahoma · 1915
  4. G. M. C. Process Corp. v. United States Fidelity & Guaranty Co.New York Supreme Court · 1961
  5. City of New York v. Britestarr Homes, Inc.New York Supreme Court · 1991

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