Vilmar v. . Schall
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of the defendants entered on the report of a referee. The nature of the action and the facts material to the decision of the appeal sufficiently appear in the opinion. This was an action in tort and therefore not referable. (Dederick's Admr. v. Richley, 19 Wend., 108; Silmser v. Redfield, id., 21; Sharp v. Mayor, etc., 18 How. Pr., 213; 9 Abb.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of the defendants entered on the report of a referee. The nature of the action and the facts material to the decision of the appeal sufficiently appear in the opinion. This was an action in tort and therefore not referable. (Dederick's Admr. v. Richley, 19 Wend., 108; Silmser v. Redfield, id., 21; Sharp v. Mayor, etc., 18 How. Pr., 213; 9 Abb. Pr.; 30 Barb., 578; Draper v. Day, 11 How. Pr., 439; Ross v. Mayor, etc., 2 Abb. Pr. [N. S.], 266; Goodyear v. Brooks, id., 296; Warner…
1Opinion of the Court
Lott, Ch. C.
The most material question presented by the appeal is that raised by the first point of the appellant’s counsel, which is, that “ the action being for the illegal and wrongful detention of the plaintiff’s money, bonds and bank stock, is an action of tort and therefore not referable.” Its consideration requires a particular reference to the allegations of the complaint. That, after alleging that the defendants during the time of all the transactions mentioned therein were doing business as bankers in the city of Hew York, under the firm, name or style of W. Schall & Co., states as…
2Cases cited1 opinion
- Austin v. . RawdonNew York Court of Appeals · 1870
3Cited by11 opinions
- Kerr Steamship Co. v. Radio Corp. of AmericaNew York Court of Appeals · 1927
- Reynolds v. ReynoldsNew York Supreme Court · 1897
- Barclay v. CulverNew York Supreme Court · 1884
- Dudley v. PerkinsNew York Supreme Court · 1924
- Empire State Telephone & Telegraph Co. v. BickfordNew York Supreme Court · 1893
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