Legal Opinion

Griggs v. . Day

New York Court of Appeals

Decided January 10, 1899PublishedCited by 25 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 24, 1897, reversing'a judgment in favor of plaintiff entered upon the report of a referee, and dismissing the plaintiff’s complaint, with costs. 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 December 24, 1897, reversing'a judgment in favor of plaintiff entered upon the report of a referee, and dismissing the plaintiff’s complaint, with costs. The nature of the action and the facts, so far as material, are stated in the opinion. The act of the Appellate Division in dismissing the plaintiff’s complaint and rendering judgment absolute against him was unauthorized and erroneous. (Heller v. Cohen, 154 N. Y. 299 ; Benedict v. Arnoux, 154 N. Y. 715 ; Schwinger v. Raymond, 83…

1Opinion of the CourtHaight, J.

This action was commenced in the late Superior Court of the city of Hew York on the 15th day of January, 1884, against Cornelius K. Garrison, who died on the first day of May, 1885, during the first trial, and the present defendants were substituted as defendants in his place. It was brought for an accounting between the plaintiff and Cornelius K. Garrison, the defendants’ testator, with respect to their transactions in the construction of the Wheeling and Lake Erie railroad in the state of Ohio, and in the sale and hypothecation of the securities issued by the company. The action has been…

2Cases cited5 opinions

  1. Hirshfeld v. . FitzgeraldNew York Court of Appeals · 1898
  2. Wright v. . Bank of the MetropolisNew York Court of Appeals · 1888
  3. Griggs v. . DayNew York Court of Appeals · 1892
  4. Otten v. Manhattan Railway Co.New York Court of Appeals · 1896
  5. Griggs v. DayAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by25 opinions

  1. Virginia v. West VirginiaSupreme Court of the United States · 1915
  2. Loth v. LothSupreme Court of Minnesota · 1949
  3. Jerome v. . Queen City Cycle Co.New York Court of Appeals · 1900
  4. Tevis v. RyanArizona Supreme Court · 1910
  5. Upson v. OtisCourt of Appeals for the Second Circuit · 1946

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