Gedney v. . Gedney
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 19, 1897, affirming a judgment entered upon the report of a referée. 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 July 19, 1897, affirming a judgment entered upon the report of a referée. The nature of the action and the facts, so far as material, are stated in the opinion. What was due from Charles Gedney in his lifetime for rents or other demands due was an entire claim constituting the indebtedness from Charles to William H. Gedney, and judgment in the action on the claim as so presented and sued for is a bar to any other action to recover more, and it is not material whether it was…
1Opinion of the CourtGray, J.
In this action it was sought to have an accounting as to all matters between the estate of Charles Gedney, deceased, and William H. Gedney, a brother of the deceased.
Charles and William Gedney were the owners by tenancy in common of certain real estate in the city of Hew York, Charles died in 1887, leaving a will; of which the plaintiff and another are the executors. William filed a claim against his estate ; which, having been disputed and referred for trial, resulted in a judgment in his favor. The claim, upon which he had thus recovered, related to certain rents collected by Charles in his…
2Cases cited2 opinions
- Bendernagle v. CocksNew York Supreme Court · 1838
- Byrnes v. . ByrnesNew York Court of Appeals · 1886
3Cited by26 opinions
- Guettel v. United StatesCourt of Appeals for the Eighth Circuit · 1938
- Fowler v. WoodSupreme Court of Kansas · 1906
- United States v. Pan-American Petroleum Co.Court of Appeals for the Ninth Circuit · 1932
- White v. AdlerNew York Court of Appeals · 1942
- Vineseck v. Great Northern Railway Co.Supreme Court of Minnesota · 1917
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