Legal Opinion

Rudd v. . Robinson

New York Court of Appeals

Decided March 20, 1891PublishedCited by 43 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 7, 1889, which denied a motion, for a new trial made upon a case and exceptions under section 1001 of the Cede of Civil Procedure, and which modified and affirmed as modified, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The facts, so far as material, are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 7, 1889, which denied a motion, for a new trial made upon a case and exceptions under section 1001 of the Cede of Civil Procedure, and which modified and affirmed as modified, a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The facts, so far as material, are stated in the opinion. The exception to the admission as evidence of the books of account of the Good-willie-Wyman Company was.well taken. (Peck v. Valentine, 94 N.…

1Opinion of the CourtEarl, J.

The plaintiff is receiver of the Goodwil lie-Wyman Company, an insolvent manufacturing corporation organized under the laws of this state. The action was brought in equity to charge the defendant as a trustee of the corporation for the unlawful receipt and appropriation of its money and property. An interlocutory judgment was rendered against him charging him with a large amount of money thus improperly received, and appropriated.

The liability of the defendant for this money was, in the main, established by the account-books of the corporation, and the principal contention on his behalf upon…

2Cases cited3 opinions

  1. Hager v. ClevelandCourt of Appeals of Maryland · 1872
  2. Pearsall v. Western Union Telegraph Co.New York Court of Appeals · 1891
  3. Chenango Bridge Co. v. LewisNew York Supreme Court · 1872

3Cited by43 opinions

  1. United States v. FeinbergCourt of Appeals for the Second Circuit · 1944
  2. Harrison v. Remington Paper Co.Court of Appeals for the Eighth Circuit · 1905
  3. Phillips v. United StatesCourt of Appeals for the Eighth Circuit · 1912
  4. San Pedro Lumber Co. v. ReynoldsCalifornia Supreme Court · 1898
  5. Bacon v. United StatesCourt of Appeals for the Eighth Circuit · 1899

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