Patterson v. Perry
The Superior Court of New York City
Appeal by several defendants from a judgment awarding a fund to the other defendants. This action was brought by the plaintiff as administrator of Albert Lewis, deceased, who had consigned goods to the defendant Perry for sale, and it sought an accounting and payment of the balance due. Other parties were made defendants on allegations that they claimed liens on the balance by virtue of attachments, the validity of which the plaintiff contested.
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Appeal by several defendants from a judgment awarding a fund to the other defendants. This action was brought by the plaintiff as administrator of Albert Lewis, deceased, who had consigned goods to the defendant Perry for sale, and it sought an accounting and payment of the balance due. Other parties were made defendants on allegations that they claimed liens on the balance by virtue of attachments, the validity of which the plaintiff contested. The defendant Perry paid into court the balance due from him, and1 was discharged from the action, and the other defendants who claimed the fund…
1Opinion of the Court
By the Court.*—Hoffman, J.
The counsel for the appellants insist that an addition should be made to the finding of facts, which is warranted by the evidence, and will modify one conclusion of fact actually found, and affect the conclusion of law arrived at by the judge below. It relates to the state of the accounts between Perry and Albert Lewis generally, and particularly at the time of the reception of the bills of lading of the last parcels of the goods consigned.
*87An analysis of the accounts of Perry contained in the case, presents these results: On the 6th day of April, 1854, Perry was a…
2Cases cited11 opinions
- Rickert v. SynderNew York Supreme Court · 1832
- In re SmithNew York Supreme Court · 1819
- Handy v. DobbinNew York Supreme Court · 1815
- Lambert v. PauldingNew York Supreme Court · 1820
- Kuhlman v. OrserThe Superior Court of New York City · 1856
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3Cited by2 opinions
- Pach v. . GilbertNew York Court of Appeals · 1891
- Gibson v. National Park BankThe Superior Court of New York City · 1883