Rodgers v. Clement
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John 0. Rodgers, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 16th day of May, 1896, upon the report of a referee. This appeal was transferred from the first department to the second department.
1Opinion of the Court
Willard Bartlett, J.:
This is an action for an accounting between partners, in which the defendant after a trial before a referee has recovered a money judgment of $5,280.27 against the plaintiff.
The undertakings of the partnership were the construction of a railroad at Drum Point in Calvert county, in the State of Maryland, and the building of the Niagara power tunnel at Niagara *562Falls, in the State of New York. The present controversy arises chiefly out of the Maryland enterprise.
Upon this appeal the plaintiff complains of the action of the referee in two respects and in two respects only. He…
2Cases cited12 opinions
- Godfrey v. WhiteMichigan Supreme Court · 1880
- Ligare v. PeacockIllinois Supreme Court · 1884
- H. & P. Lee v. LashbrookeCourt of Appeals of Kentucky · 1839
- Pepper v. HaightNew York Supreme Court · 1854
- Collender v. . PhelanNew York Court of Appeals · 1880
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3Cited by1 opinion
- Rodgers v. ClementAppellate Division of the Supreme Court of the State of New York · 1901