Nirdlinger v. . Bernheimer
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made October 24, 1890, which reversed an interlocutory judgment of Special Term entered upon the direction of a referee and granted a motion for a new trial. The nature of the action and the facts, so far as material, are Stated in the opinion. The orders are appealable to this court. (Code Civ.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made October 24, 1890, which reversed an interlocutory judgment of Special Term entered upon the direction of a referee and granted a motion for a new trial. The nature of the action and the facts, so far as material, are Stated in the opinion. The orders are appealable to this court. (Code Civ. Pro. §§ 190, 191, 1001; Raynor v. Raynor, 94 N. Y. 248; Dorchester v. Dorchester, 121 id. 156; Hannigan v. Allen, 127 id. 639 ; Whitman v. Foley, 125 id. 51; Getman v. Ingersoll, 117 id. 75.) The court has…
1Opinion of the CourtMaynard, J.
The plaintiffs, as the representatives and successors of Frederick Hirdlinger, have brought this action to establish the right of their intestate as a sub-partner of his brother Jacob in a joint venture, which the latter entered into with six associates in the year 1854, for the purchase and sale at a profit of lands in the state of Minnesota. One of the principal objects of the action is to obtain an accounting from the defendant Isaac Bernheimer, who was one of the associates of Jacob Hirdlinger in this enterprise, and who held the legal title to the lands purchased in trust for the members…
2Cases cited3 opinions
- Burnett v. . SnyderNew York Court of Appeals · 1880
- Dyckman v. . ValienteNew York Court of Appeals · 1870
- Stokes v. StokesNew York Supreme Court · 1891
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- Mitchel v. BowersCourt of Appeals for the Second Circuit · 1926
- Harris v. MorseDistrict Court, S.D. New York · 1931
- Replogle v. NeffSupreme Court of Oklahoma · 1936
- Kirkwood v. SmithNew York Supreme Court · 1905
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