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Mitchell v. Mitchell

170 A.D. 458 Court First Department, Decision date 1915-12-10 English

Delivered by Laughlin, J.:

Contents

Majority

p. 458
Bertram Mitchell, Appellant, v. Michael Mitchell, Individually and as Guardian of Bertram Mitchell, Respondent.
First Department,
December 10, 1915.

Headnote

See head note in Mitchell v. Mitchell (ante, p. 452).
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.
Harold Nathan, for the appellant.
Frederick L. Guggenheimer [Otto Horwitz with him on the brief], for the respondent.

This 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.

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

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

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