Aspell v. Campbell
Appellate Division of the Supreme Court of the State of New York
Gross-appeals by the plaintiff and by the defendant from a judgment of the Supreme Court, entered in the office of the clerk of the county of Orange on the 19th day of December, 1898, upon the report of a referee. The defendant appeals from the judgment in so far as any liability is found against her, and the plaintiff appeals from the judgment in so far as it fails to award interest with annual rests upon the amount of the recovery.
1Opinion of the Court
Woodward, J.:
Counter appeals are before us in the record, but in view of the conclusion we have reached, it will not be necessary to consider *394the question raised by the plaintiff’s appeal, and the discussion will relate, therefore, to the facts developed upon the trial of the cause before a referee, in which the defendant is held to be liable for $750, with interest, which sum it is alleged the defendant fraudulently retained out of the receipts of the estate of a lunatic of whom the original defendant in this action was the committee.It seems entirely clear to us that the matters set forth…
2Cases cited8 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Morris v. . TalcottNew York Court of Appeals · 1884
- Cahill v. . HiltonNew York Court of Appeals · 1887
- Shultz v. . HoaglandNew York Court of Appeals · 1881
- Bernheimer v. . RindskopfNew York Court of Appeals · 1889
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3Cited by5 opinions
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