Mitchell v. Mitchell

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

Decided December 10, 1915

Appellate Division of the Supreme Court of the State of New York · decided 1915-12-10

Appeal by the plaintiff, Bertram Mitchell, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 19th day of March, 1915, dismissing the complaint on the merits upon the decision of the court after a trial at the New York Special Term.

Decided 1915-12-10

Laughlin, J.:

¶1This appeal presents no question with respect to the Statute of Limitations, but otherwise the facts and questions involved are the same as those presented on the appeal in the action by Leon Mitchell against the same defendant (170 App. Div. 452), argued and decided herewith, and, therefore, for the reasons assigned in the opinion in the other case the judgment herein should be reversed and an interlocutory judgment entered for an accounting, with costs to appellant to abide the event.

¶2Ingraham, P. J., Clarke, Scott and Smith, JJ., concurred.

¶3Judgment reversed and judgment ordered for an accounting, with costs to appellant to abide event. Order to be settled on notice.