Benedict v. Houghton

Appellate Division of the Supreme Court of New York

Benedict v. Houghton

90 N.Y.S. 1088

Appellate Division of the Supreme Court of the State of New York·Decided October 18, 1904·Published

Opinion

PER CURIAM.

Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. Held, that the principal transactions involved in the action were the dealings between the appellants Dugglebiy and Houghton and the alleged fraudulent .acceptance and disposition of the bond and! mortgage by the latter; that the accounting5 asked for is merely incidental to the main issue's, and a reference at present does not seem proper or necessary. \

MCLENNAN, P. j., and Stover, J., dissent,,

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PER CURIAM.

Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. Held, that the principal transactions involved in the action were the dealings between the appellants Dugglebiy and Houghton and the alleged fraudulent .acceptance and disposition of the bond and! mortgage by the latter; that the accounting5 asked for is merely incidental to the main issue's, and a reference at present does not seem proper or necessary. \

MCLENNAN, P. j., and Stover, J., dissent,,

Benedict v. Houghton, 90 N.Y.S. 1088 (N.Y. Ct. App. 1904).

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