Carr v. . Thompson
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas, in and for the city and county of Aew York, made June 7, 1880, upon a motion for a new trial, made pursuant to section 1001 of the Code of Civil Procedure, upon defendant’s exception, after entry of interlocutory judgment.
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Appeal from order of the General Term of the Court of Common Pleas, in and for the city and county of Aew York, made June 7, 1880, upon a motion for a new trial, made pursuant to section 1001 of the Code of Civil Procedure, upon defendant’s exception, after entry of interlocutory judgment. The motion was granted unless plaintiffs stipulate to modify their interlocutory judgment" so as to limit the accounting between the parties directed by it, to transactions occurring within six years. This is not an action at law, but is one for an accounting, and can only be properly disposed of by a court…
1Opinion of the CourtFinch, J.
The substantial allegations of the complaint in this action áre, that the defendant was employed as agent, and for a commission agreed to be paid him, in the purchase, for plaintiffs, of what were known as “ city horns;” that through a series of years he acted in that capacity, receiving from the plaintiffs, and paying out on their account large sums of money; that at stated intervals, during the successive years, he rendered an account which he represented to be correct and just, and which was settled in reliance upon such assurance; that as matter of fact, these accounts were false and…
2Cases cited1 opinion
- Foot v. . FarringtonNew York Court of Appeals · 1869
3Cited by51 opinions
- Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1937
- Lightfoot v. . DavisNew York Court of Appeals · 1910
- Wechsler v. BowmanNew York Court of Appeals · 1941
- Hearn 45 St. Corp. v. JanoNew York Court of Appeals · 1940
- Alsop v. RikerSupreme Court of the United States · 1894
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