Hollister v. . Simonson
New York Court of Appeals
Appeal from a- judgment entered July 23, 1900, upon an order of the Appellate Division of the Supreme Court in the first judicial department, modifying a judgment in favor of plaintiff entered upon the report of a referee.
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Appeal from a- judgment entered July 23, 1900, upon an order of the Appellate Division of the Supreme Court in the first judicial department, modifying a judgment in favor of plaintiff entered upon the report of a referee. The facts found by the referee are substantially as follows: Prior to December 14th, 1891, the defendant Simonson and one Luie F. Yorhis, respectively, had claims in the nature of mechanic’s liens upon the real estate for an account of the rents and profits of which this action was brought. Hollister, the plaintiff, had an interest in the claim of said Yorhis. Prior to said…
1Opinion of the Court
Parker, Ch. J.
The Appellate Division, rightly, as we think, reached the conclusion that plaintiff was not entitled to recover of the defendant Simonson all of the moneys that plaintiff had invested in the property which it was agreed should be managed for the benefit of both Simonson and the plaintiff, or his assignor. The referee, upon whose report the judgment reviewed by the Appellate Division was entered, did not find that plaintiff’s assignor was induced to enter into the contract by fraud on the part of Simonson, or that Simonson at that time contemplated defrauding him or in any wise…
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- Blaustein v. Pan American Petroleum & Transport Co.New York Supreme Court · 1940
- Procter & Gamble Co. v. PowelsonCourt of Appeals for the Second Circuit · 1923
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