Legal Opinion

Bushby v. Berkeley

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

Decided December 13, 1912PublishedCited by 5 opinions

Appeal by the defendant, Lancelot M. Berkeley, from an interlocutory 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 25th day of June, 1910, directing an accounting.

1Opinion of the Court

Dowling, J. :

Upon a prior appeal this court laid down' the procedure proper to be followed by the court at Special Term in determining the extent to which the accounting herein should go in order to fix the rights of these parties, viz., to ascertain the actions and proceedings in which the defendant was bound to account, and .then to order him to account for all moneys he had received therein (135 App. Div. 446). This has been done, and we think correctly, except in regard to the following matters: (1) Berkeley v. Marks. There is no proof whatever that this was a partnership matter, or was…

2Cases cited2 opinions

  1. Parker v. . DayNew York Court of Appeals · 1898
  2. Bushby v. BerkeleyAppellate Division of the Supreme Court of the State of New York · 1909

3Cited by5 opinions

  1. In re the Second Judicial Settlement & Intermediate Accounting of WallachAppellate Division of the Supreme Court of the State of New York · 1914
  2. Tappan v. FortmanCalifornia Supreme Court · 1921
  3. Norris v. BishopCourt of Appeals of Kentucky · 1925
  4. Bushby v. BerkeleyAppellate Division of the Supreme Court of the State of New York · 1915
  5. Bushby v. BerkeleyAppellate Division of the Supreme Court of the State of New York · 1913

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