Miller v. Campbell
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Walter W. Miller, and by the defendants, Eugenia W. Campbell and others, as executors, from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 9th day of December, 1915, upon the decision of the court after a trial at the New York Trial Term before the court without a jury. The plaintiff appeals from so much of said judgment as dismisses his complaint.
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Cross-appeals by the plaintiff, Walter W. Miller, and by the defendants, Eugenia W. Campbell and others, as executors, from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 9th day of December, 1915, upon the decision of the court after a trial at the New York Trial Term before the court without a jury. The plaintiff appeals from so much of said judgment as dismisses his complaint. The defendants appeal from so much of said judgment as dismisses their counterclaim.
1Opinion of the Court
Smith, J.:
I recommend an affirmance of this judgment upon the opinion of Mr. Justice G-reenbaum at Trial Term, and would add *822a few words only to that opinion. In that opinion the facts are ‘fully stated. For the purposes of this memorandum the facts may be briefly summarized as follows:
Plaintiff as attorney in fact assumed to sell some lands in Tennessee to defendants’ testator. Under the power of attorney, as was known to defendants’ testator, plaintiff was to receive the full purchase price in excess of $10,000. The defendants paid what was. equivalent to $10,000 in cash and $10,000 in…
2Cases cited3 opinions
- Vander Ploeg v. Van ZuukSupreme Court of Iowa · 1907
- Schlemmer v. NelsonSupreme Court of Minnesota · 1913
- Boit & McKenzie v. WhiteheadSupreme Court of Georgia · 1873
3Cited by8 opinions
- Howard National Bank v. WilsonSupreme Court of Vermont · 1923
- First National Bank & Trust Co. v. ConzoNew York Supreme Court · 1938
- Saale v. Interstate Steel Co.Appellate Division of the Supreme Court of the State of New York · 1966
- Ulster Finance Corp. v. SchroederAppellate Division of the Supreme Court of the State of New York · 1930
- South Shore Securities Co. v. GoodeNew York Supreme Court · 1957
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