Asphalt Construction Co. v. Bouker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, De Witt C. Bouker, Jr., and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 20th day of April, 1911, overruling exceptions to the report of a referee and confirming said report, and also from a final judgment in favor of the plaintiff entered in said clerk’s office on the 24th day of July, 1911, upon said referee’s report.
1Dissent
Scott, J. (dissenting):
This appeal from the final judgment brings up nothing for review by this court, except such questions as are involved in the proceedings since an affirmance of the interlocutory judgment, and the only question which seems to call for consideration is as to the amounts for which plaintiff ¡should have judgment against the defendants Bouker.
The action is brought in equity to compel the defendants to account for certain secret profits realized by: them from a contract into which the plaintiff was induced to ¡enter.
The decision upon which the interlocutory ¡decree was based…
2Cases cited5 opinions
- People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
- Franklin Fire Insurance v. JenkinsNew York Supreme Court · 1829
- Reilly v. . FreemanNew York Court of Appeals · 1906
- Reilly v. FreemanAppellate Division of the Supreme Court of the State of New York · 1905
- Spier v. HydeNew York Supreme Court · 1905