Young v. . Valentine
New York Court of Appeals
• Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 3, 1900, affirming a judgment in favor of plaintiffs entered upon the report of a referee. 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 of the Appellate Division of the Supreme Court in the first judicial department, entered March 3, 1900, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The refusal of the referee to try the issues formed by the pleadings and his decision that “ the only issue is to ascertain how the account stands ” between the parties was error, which prejudiced defendant and prevented him from adducing the proofs which he could have introduced after a decision…
1Opinion of the CourtMartin, J.
While other relief was demanded in this action when commenced, after the death of Mrs. Valentine it was continued and tried as an action for an accounting by the defendant for the moneys, securities and property which came into his hands' as her attorney or fiduciary agent, all other matters being practically withdrawn. Although a great number of transactions were investigated on the trial and passed upon by the referee, but a single cpiestion remains open, as all others have been finally disposed of by the unanimous affirmance of the judgment entered upon the referee’s report and by the…
2Cases cited8 opinions
- Critten v. Chemical National BankNew York Court of Appeals · 1902
- Marden v. . DorthyNew York Court of Appeals · 1899
- Forrest v. . ForrestNew York Court of Appeals · 1862
- Russell v. . McCallNew York Court of Appeals · 1894
- McGean v. . Manhattan Railway Co.New York Court of Appeals · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- People v. HinesNew York Court of Appeals · 1940
- Phillips v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1956
- Fleury v. EdwardsNew York Court of Appeals · 1964
- Woronzoff-Daschkoff v. Woronzoff-DaschkoffNew York Court of Appeals · 1952
- "Lola Almandares" v. "Diego Almandares"New York Family Court · 1946
32 more not listed; retrieve them via the Exa API.