Legal Opinion

Whiton v. . Spring

New York Court of Appeals

Decided June 18, 1878PublishedCited by 4 opinions

Appeal from judgment of the General Term of the Supreme Court, in the first, judicial department, affirming a judgment in favor of the plaintiffs, entered upon a decision of the court at Special Term. This action was brought for an accounting and payment by defendant to plaintiffs of their proportionate share of the proceeds of the sale of the brig Lubra. The facts appear sufficiently in the opinion. Defendant was entitled to a trial by jury.

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Appeal from judgment of the General Term of the Supreme Court, in the first, judicial department, affirming a judgment in favor of the plaintiffs, entered upon a decision of the court at Special Term. This action was brought for an accounting and payment by defendant to plaintiffs of their proportionate share of the proceeds of the sale of the brig Lubra. The facts appear sufficiently in the opinion. Defendant was entitled to a trial by jury. (Cochran v. Carrington, 25 Wend., 409; Dean v. Chamberlain, 6 Duer, 691; Dykman v. Valiente, 42 N. Y., 549.) Defendant had a right to deal with Child,…

1Opinion of the CourtEarl, J.

In the spring of 1872 the plaintiffs owned one-half of the brig Lubra in the following proportions : 'Whiton Bros. & Co., one-eighth; Percival, two-eighths, and Crowell, one-eighth; and the other half was owned two-eighths by one Child, and two-eighths by one Hail. Child had the possession of the brig, was managing her business and was ship’s husband. The owners, being desirous to sell her, authorized Child to sell her and to employ the defendant as a broker for that purpose. In order to facilitate the sale, at the request of Child, the plaintiffs and other owners executed and delivered to…

2Cases cited1 opinion

  1. Dyckman v. . ValienteNew York Court of Appeals · 1870

3Cited by4 opinions

  1. People ex rel. Pulman v. HenionNew York Supreme Court · 1892
  2. Wilcox v. PrattNew York Supreme Court · 1889
  3. Carver v. Miller & Houghton, Inc.New York Supreme Court · 1923
  4. McColdin v. Greenwich InsuranceNew York Supreme Court · 1887

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