Legal Opinion

Third Nat. Bank v. Cornes

New York Supreme Court

Decided March 29, 1889Published

Action by the Third national Bank of Buffalo against Luden T. Cornes and another. Defendants move to confirm the report of the referee after an interlocutory judgment.

1Opinion of the CourtRumsey, J.

This cause was tried at the equity term in April, 1888. The decision of the court, after finding the facts, stated as conclusions of law that the statute of limitations had not run against the plaintiff’s claim, and that a *800former judgment between the same parties was not a bar in this action. The next and last conclusion of law was that the cause of action stated in the complaint can be maintained. The decision then referred it to a referee to state an account between the two defendants, giving minute directions how it should be stated. Then followed a direction that the referee should report…

2Cases cited6 opinions

  1. Robinson v. . StewartNew York Court of Appeals · 1854
  2. McKillip v. McKillipNew York Supreme Court · 1850
  3. Dresser v. DresserNew York Supreme Court · 1862
  4. Garr v. BrightNew York Court of Chancery · 1845
  5. Tripp v. ChildsNew York Supreme Court · 1852

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