Morris v. . Budlong
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a, judgment in favor of plaintiff, entered .upon the referee’s report.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a, judgment in favor of plaintiff, entered .upon the referee’s report. (Reported below, 16 Hun, 570.) This action was originally brought by Mary Morris for an accounting between her and defendant Endlong, and for repayment of moneys alleged to have been paid to him, in excess of what he was entitled; and to have two mortgages, one executed by plaintiff to Samuel H. Ferguson, and one by him to said Budlong canceled and discharged of record. Said plaintiff having died pending the trial…
1Opinion of the CourtDanfobth, J.
The record before us shows the flexibility of our method of procedure, in its application. Upon the facts found by the referee, the material allegations in the complaint are unproven; after repeated and well founded objections by the defendants to evidence of facts not within the issue, and several unsuccessful motions to dismiss the complaint ; because upon the evidence, the alleged cause of action was unproven, the plaintiff at the close of the testimony applied to the referee to have the complaint and reply conformed to the proof. The application was granted, but it does not appear that…
2Cases cited10 opinions
- Ryan v. . DoxNew York Court of Appeals · 1866
- Horn v. . KeteltasNew York Court of Appeals · 1871
- Borst v. . CoreyNew York Court of Appeals · 1857
- Hubbell v. . MoulsonNew York Court of Appeals · 1873
- Case v. . CarrollNew York Court of Appeals · 1866
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Mills v. . MillsNew York Court of Appeals · 1889
- Niggeler v. MaurinSupreme Court of Minnesota · 1885
- Gassert v. BogkMontana Supreme Court · 1888
- Marshall v. ThompsonSupreme Court of Minnesota · 1888
- Wilson v. McWilliamsSouth Dakota Supreme Court · 1902
8 more not listed; retrieve them via the Exa API.