Elliott v. . Guardian Trust Co.
New York Court of Appeals
Appeal from a judgment entered July 1, 1911, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing an interlocutory judgment in favor of plaintiff entered upon the report of a referee and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered July 1, 1911, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing an interlocutory judgment in favor of plaintiff entered upon the report of a referee and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The decision of the Appellate Division reversed the interlocutory judgment and dismissed the proceedings upon an assumption of facts which never existed and which were not found by the referee. That court had no authority to direct…
1Opinion of the CourtCollin, J.
The plaintiff, in behalf of himself and all others having a like interest, demands a judgment that the defendant account for the moneys paid it under written subscriptions for the bonds of the La Dicha & Pacific Railroad Company, a corporation. The issues in the action were heard and determined by a referee, who, upon findings of fact and a conclusion of law, directed the interlocutory judgment that the defendant account for its management and disposition of the moneys. The Appellate Division unanimously adjudged that such judgment be reversed and the complaint dismissed.
The dismissal of the…
2Cases cited3 opinions
- Putnam v. . Lincoln Safe Deposit Co.New York Court of Appeals · 1908
- Duclos v. . KelleyNew York Court of Appeals · 1909
- Dixon v. . JamesNew York Court of Appeals · 1905
3Cited by6 opinions
- Lamport v. . SmedleyNew York Court of Appeals · 1914
- Davidson v. MacKall-paine Veneer Co.Washington Supreme Court · 1928
- Central Trust Co. v. Manhattan Trust Co.Appellate Division of the Supreme Court of the State of New York · 1912
- People ex rel. New York Central & Hudson River Railroad v. HankingAppellate Division of the Supreme Court of the State of New York · 1912
- People ex rel. New York Central & Hudson River Railroad v. HankingAppellate Division of the Supreme Court of the State of New York · 1912
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