Parkhurst v. . Berdell
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 5, 1885, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to compel an accounting by the defendant for certain money and securities of the plaintiff had and appropriated by him, and to have the amount found due her declared a lien upon certain land in Goshen in this state.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 5, 1885, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to compel an accounting by the defendant for certain money and securities of the plaintiff had and appropriated by him, and to have the amount found due her declared a lien upon certain land in Goshen in this state. The facts found by the referee, so far as it is now material to state them, are as follows: Sylvester C. Parkhnrst, the husband of…
1Opinion of the CourtEarl, J.
A careful scrutiny of the record satisfies us that there was sufficient evidence to warrant the essential findings of the referee, and they having been affirmed by the General Term must remain undisturbed. The facts found justified the relief granted, and it is incumbent upon us now only to consider whether there were any errors committed by the ' learned referee in his rulings during the progress of the trial.
The plaintiff offered in evidence the judgment-roll in an action of “ Ambrose S. Murray (suing on behalf of himself and all other judgment-creditors of Robert H. Berdell who shall come…
2Cases cited2 opinions
- Quin v. . LloydNew York Court of Appeals · 1869
- Wallace v. . BerdellNew York Court of Appeals · 1884
3Cited by118 opinions
- Wolfle v. United StatesSupreme Court of the United States · 1934
- Reed v. AllenSupreme Court of the United States · 1932
- Deposit Bank v. FrankfortSupreme Court of the United States · 1903
- United States v. MitchellCourt of Appeals for the Second Circuit · 1943
- Coleman v. StateCourt of Appeals of Maryland · 1977
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