Sheldon v. Raveret
New York Supreme Court
APPEAL by the plaintiff from a judgment entered upon the report of a referee, directing a reconveyance to the respondent, and dismissing the complaint as to her, with costs. The action was brought originally against this respondent, and Francis Baveret, her husband. Mr. Baveret subsequently died, and by order of this court the action was continued against Mrs. Baveret, individually, and as executrix of Francis Baveret, deceased.
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APPEAL by the plaintiff from a judgment entered upon the report of a referee, directing a reconveyance to the respondent, and dismissing the complaint as to her, with costs. The action was brought originally against this respondent, and Francis Baveret, her husband. Mr. Baveret subsequently died, and by order of this court the action was continued against Mrs. Baveret, individually, and as executrix of Francis Baveret, deceased. The complaint was filed against Mr. Baveret as principal, and Mrs. Baveret as his surety, demanding an accounting between the plaintiff and said Francis Baveret, and…
1Opinion of the CourtClerke, J.
If I understand this case correctly, the only question involved in it is, whether the plaintiff had a right to appropriate the proceeds of sales which he made as factor, first for the payment of his commissions, before any of the proceeds could be accredited to the payment of advances made to the husband, the principal debtor, to secure which, one of the defendants, the wife, mortgaged her real estate.
The property was sold by the plaintiff as factor for the husband, and consisted of brushes ; and at the expiration of the time fixed for the continuance of the agency and advances, they were…
2Cited by3 opinions
- Bank of Staten Island v. SilvieAppellate Division of the Supreme Court of the State of New York · 1903
- Holliday v. McGrawNew York Supreme Court · 1919
- People v. RemingtonNew York Supreme Court · 1887