Legal Opinion

Stoughton v. Lynch

New York Court of Chancery

Decided October 24, 1816PublishedCited by 18 opinions

THE bill, which was filed the 12th of July, 1805, was for an account between the parties, who were partners in trade The defendant put in an answer in June, 1807, which was excepted to, and an amended answer filed in October, 1807. The plaintiff having filed a replication, witnesses were examined, exhibits proved, and publication being passed, the cause was brought to a hearing in June, 1814. On the 6th of July, 1814, a decretal order was entered, for a reference to a master…

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THE bill, which was filed the 12th of July, 1805, was for an account between the parties, who were partners in trade The defendant put in an answer in June, 1807, which was excepted to, and an amended answer filed in October, 1807. The plaintiff having filed a replication, witnesses were examined, exhibits proved, and publication being passed, the cause was brought to a hearing in June, 1814. On the 6th of July, 1814, a decretal order was entered, for a reference to a master to take and state an account between the parties; and he was directed that the defendant should be charged with…

1Opinion of the Court

The argument occupied five days, from the 1st to the 6th of October; and the cause having stood over for consideration until this day, the following opinion was delivered by the Court:

The Chancellor.

[ * 213 ]

This cause comes on upon exceptions taken, by each party, to the master’s report. The first exception on the part of the plaintiff is, that the master, in charging interest upon the moneys drawn or received by the defendant from the copartnership funds, beyond the amount necessary for his private expenses, has charged simple interest only, between the 15th of February, 1788, and the 3d of…

2Cited by18 opinions

  1. Dean v. WilliamsMassachusetts Supreme Judicial Court · 1821
  2. De La Rama v. De La RamaSupreme Court of the United States · 1916
  3. Camp v. BatesSupreme Court of Connecticut · 1836
  4. Gilman v. VaughanWisconsin Supreme Court · 1878
  5. In re Estate of DenCalifornia Supreme Court · 1868

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