Legal Opinion

Spier v. Hyde

New York Supreme Court

Decided June 15, 1905PublishedCited by 1 opinion

Motion for final judgment upon report of a referee appointed by interlocutory judgment to take and state an account of dealings and transactions between the parties, etc.

1Opinion of the CourtBischoff, J.

The facts of this litigation have been stated at some length in opinions rendered by the Appellate Division upon two appeals (Spier v. Hyde, 78 App. Div. 151; 92 id. 467), and the questions upon which the plaintiff’s right to a recovery depends have been settled in his favor by the interlocutory judgment under which the accounting has proceeded.

Hpon the present motion for final judgment, however, a question is presented as to the form of the judgment to be rendered, which question involves, to some extent, the correctness of the referee’s method of stating the account.

The parties were jqint…

2Cases cited4 opinions

  1. Spier v. HydeAppellate Division of the Supreme Court of the State of New York · 1903
  2. Spier v. HydeAppellate Division of the Supreme Court of the State of New York · 1904
  3. Darling v. . BrewsterNew York Court of Appeals · 1874
  4. Rhiner v. SweetNew York Supreme Court · 1870

3Cited by1 opinion

  1. Asphalt Construction Co. v. BoukerAppellate Division of the Supreme Court of the State of New York · 1912

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