Hovey v. . Elliott
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made October 27, 1892, which affirmed a judgment in favor of defendants entered upon the report of a referee dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made October 27, 1892, which affirmed a judgment in favor of defendants entered upon the report of a referee dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. If the decree in Hovey v. McDonald was assailable for the reasons stated by the referee, the remedy of the defendants was by direct review in the Supreme Court of the United States. Having failed to pursue that remedy, they and their privies are now estopped from…
1Opinion of the CourtHaight, J.
This action was brought to have the defendants’ testator adjudged to be a trustee of certain bonds for the benefit of the plaintiffs and that they have a lien thereon and that the defendants account to them therefor.
In September, 1873, the mixed commission on British and American claims, sitting at the city of Washington, awarded to one Augustin E. McDonald the sum of $197,000 in satisfaction of his claim for cotton destroyed during the war of the rebellion. In the following October the plaintiffs filed in the Supreme Court of the District of Columbia a bill in equity against McDonald and one…
2Cases cited12 opinions
- Ex Parte LangeSupreme Court of the United States · 1874
- Anderson v. DunnSupreme Court of the United States · 1821
- Windsor v. McVeighSupreme Court of the United States · 1876
- Ex Parte RobinsonSupreme Court of the United States · 1874
- Interstate Commerce Commission v. BrimsonSupreme Court of the United States · 1894
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3Cited by25 opinions
- Hovey v. ElliottSupreme Court of the United States · 1897
- In re RosserCourt of Appeals for the Eighth Circuit · 1900
- People ex rel. Arkansas Valley Sugar Beet & Irrigated Land Co. v. BurkeSupreme Court of Colorado · 1923
- United States v. DanaDistrict Court, S.D. New York · 1895
- McHenry v. StateMississippi Supreme Court · 1907
20 more not listed; retrieve them via the Exa API.