Mersereau v. Bennet
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Ardil R. Mersereau and another, "individually and as administrators, etc,, from a judgment • of the Supreme Court in favor, of the defendants, entered in the office of the clerk of the county of New York on the 22d day of June,.1907, upon an order made at the New York Special Term dismissing the complaint at the opening of the trial.
1Opinion of the Court
Ingraham, J.:
This action • was in equity to require the defendant Bennet to account for the sum of $5,000 received by him as attorney and trustee under an agreement, a copy of which is annexed to the complaint. The defendants answering the complaint, the action- came on for trial at Special Term, when the defendants at the opening of-the trial moved to dismiss the complaint, Which.motion the court granted, and an order Was entered reciting these facts arid' ordering that the cohiplaint be dismissed,, and -upon that, order a judgment was entered from which the plaintiffs appeal. - .
The-complain…
2Cases cited7 opinions
- Marvin v. . BrooksNew York Court of Appeals · 1883
- Brown v. . SpohrNew York Court of Appeals · 1904
- Van Cott v. . PrenticeNew York Court of Appeals · 1887
- Day v. . RothNew York Court of Appeals · 1858
- Von Hesse v. . MacKayeNew York Court of Appeals · 1892
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3Cited by2 opinions
- Hart v. Equitable Life Assurance SocietyAppellate Division of the Supreme Court of the State of New York · 1916
- Mersereau v. BennettNew York Supreme Court · 1909