Walker v. . Spencer
New York Court of Appeals
These were cross-appeals from an order of the General Term of the Superior Court of the city of Kew York, made January 5, 1881, which affirmed an interlocutory judgment herein, and denied a motion on the part of defendant Spencer for a new trial on exceptions. The nature of the action and the material facts are stated in the opinion. The term “ legal representatives,” as used in the agreement, embraces both assignees and grantees.
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These were cross-appeals from an order of the General Term of the Superior Court of the city of Kew York, made January 5, 1881, which affirmed an interlocutory judgment herein, and denied a motion on the part of defendant Spencer for a new trial on exceptions. The nature of the action and the material facts are stated in the opinion. The term “ legal representatives,” as used in the agreement, embraces both assignees and grantees. (Bowman v. Long, 2 Monthly Jurist, 600; Carpenter v. Pannels, 19 Wall. [U. S.] 145; Delancey v.Burnett, 4 Gilm. 464; Phelps v. Smith, 15 Ill. 574.) The agreement…
1Opinion of the CourtRapallo, J.
The court.at Special Term having rendered an interlocutory judgment in this action directing an accounting and giving certain instructions as to some of the items of the account, the defendant Spencer moved at General Term for a new trial on exceptions under section 1001 of the Code of Civil Procedure, which corresponds to section 268 of the former Code of Procedure. The plaintiff did not move for a new trial but appealed to the General Term from certain provisions of the’ interlocutory judgment which were adverse to him.
The action was for an accounting under an agreement between Joseph…
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