Wilmerdings v. Fowler
New York Court of Appeals
I. September, 1873. N. Hill Fowler applied to the court for a reargument of the appeal in this case, the decision of which was reported 14 Ante, 349. His application was based on the allegation that the decision in the court below and in this court was based on a misapprehension or mistake of facts in the following respects: 1. That it appeared by the papers that Fowler had no interest in the judgment he collected, but acted solely as attorney for Bamberger; and that he paid…
Read the full summary
I. September, 1873. N. Hill Fowler applied to the court for a reargument of the appeal in this case, the decision of which was reported 14 Ante, 349. His application was based on the allegation that the decision in the court below and in this court was based on a misapprehension or mistake of facts in the following respects: 1. That it appeared by the papers that Fowler had no interest in the judgment he collected, but acted solely as attorney for Bamberger; and that he paid over the net proceeds to Bamberger. 2. That upon the face of the papers it appeared that Fowler was justified in…
1Opinion of the Court
Church, Ch. J.
This is a motion for reargument upon an appeal from an order requiring Mr. Fowler to pay to the applicants a sum of money which had beenpaid to him by them, as the debtors of one Lowenstein, upon an order made by Judge Bar-ward, at special term, which money had been after-wards recovered of them by one Rice, as assignee of Lowenstein.
It was alleged, in substance, that the order for the payment of the money was obtained by the fraudulent suppression of certain facts by Fowler; and both the special and general term based the order upon this charge, which they found to be true. In…
2Cases cited7 opinions
- Edmonston v. . McLoudNew York Court of Appeals · 1858
- Langley v. . WarnerNew York Court of Appeals · 1850
- Gibson v. . HaggertyNew York Court of Appeals · 1868
- Ross v. ClussmanThe Superior Court of New York City · 1850
- Carpenter v. BellThe Superior Court of New York City · 1863
2 more not listed; retrieve them via the Exa API.