Guernsey v. . Miller
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, modifying a judgment of Special Term. This action was brought by-plaintiff as assignee for the benefit of creditors of John H. Miller, against the creditors for an accounting as to their claims and the amounts to which they are entitled from the assets in the hands of plaintiff as assignee.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, modifying a judgment of Special Term. This action was brought by-plaintiff as assignee for the benefit of creditors of John H. Miller, against the creditors for an accounting as to their claims and the amounts to which they are entitled from the assets in the hands of plaintiff as assignee. Defendant Parmelia Miller answered, claiming an indebtedness of the assignor to James D. Miller, an assignment thereof to her, and asked to have t&e distributive share upon said claim paid to her. Defendant…
1Opinion of the CourtDanforth, J.
Although the appeal from the judgment was first perfected, the Supreme Court had power to amend its record by conforming the order to the fact, and therein stating that its decision was made upon questions of fact, and its determination in that respect is not the subject of review. (Buckingham v. Dickinson, 54 N. Y., 682.) We think, however, that the General Term erred in directing judgment in favor of Van lilceck. It cannot be said that upon a new trial the case would remain unaltered. The facts are not undisputed, and as it does not appear that the respondent is entitled to judgment in his…
2Cases cited4 opinions
- Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
- Ehrichs v. . De MillNew York Court of Appeals · 1878
- Astor v. . L'AmoreuxNew York Court of Appeals · 1853
- Buckingham v. . DickinsonNew York Court of Appeals · 1874
3Cited by18 opinions
- King v. . BarnesNew York Court of Appeals · 1888
- Benedict v. . ArnouxNew York Court of Appeals · 1898
- Heller v. . CohenNew York Court of Appeals · 1897
- Brackett v. . HarveyNew York Court of Appeals · 1883
- Dwight v. HazlettWest Virginia Supreme Court · 1929
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