Hauenstein v. Fisher

Appellate Division of the Supreme Court of New York

Hauenstein v. Fisher

264 A.D. 825, 34 N.Y.S.2d 902, 1942 N.Y. App. Div. LEXIS 4859

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 13, 1942

StatusPublished

This text of 264 A.D. 825 (Hauenstein v. Fisher) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hauenstein v. Fisher, 264 A.D. 825, 34 N.Y.S.2d 902, 1942 N.Y. App. Div. LEXIS 4859 (N.Y. Ct. App. 1942).

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Opinion

Judgment so far as appealed from reversed on the law and facts, without costs, and judgment modified so as to provide that the defendant is required to make and file a complete accounting of all moneys received by him including ten per cent of his own salary. Certain findings of fact disapproved and reversed. Memorandum: The complaint in this action is for an accounting. The answer demands judgment dismissing the complaint. No affirmative relief is asked for in the answer. The judgment appealed from includes the adjudication of issues not raised in the pleadings or litigated upon the trial. All concur. (The portion of the judgment appealed from grants to plaintiff an option to cancel a contract upon repayment of money received by her, or to require defendant to pay to plaintiff money collected or collectible, but this only on condition that plaintiff turn over a proportionate share of the stock covered by the contract.) Present — Crosby, P. J., Taylor, Dowling, Harris and McCurn, JJ.

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Judgment so far as appealed from reversed on the law and facts, without costs, and judgment modified so as to provide that the defendant is required to make and file a complete accounting of all moneys received by him including ten per cent of his own salary. Certain findings of fact disapproved and reversed. Memorandum: The complaint in this action is for an accounting. The answer demands judgment dismissing the complaint. No affirmative relief is asked for in the answer. The judgment appealed from includes the adjudication of issues not raised in the pleadings or litigated upon the trial. All concur. (The portion of the judgment appealed from grants to plaintiff an option to cancel a contract upon repayment of money received by her, or to require defendant to pay to plaintiff money collected or collectible, but this only on condition that plaintiff turn over a proportionate share of the stock covered by the contract.) Present — Crosby, P. J., Taylor, Dowling, Harris and McCurn, JJ.

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Bluebook (online)

264 A.D. 825, 34 N.Y.S.2d 902, 1942 N.Y. App. Div. LEXIS 4859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hauenstein-v-fisher-nyappdiv-1942.