Burmester v. O'Brien — 151 N.Y.S. 1107

Majority

p. 1107

BURMESTER, Respondent, v. O’BRIEN, Appellant.

(Supreme Court, Appellate Division, Second Department.

January 8, 1915.)

Headnote

Action by Anna Frances Burmester, individually and as executrix, etc., against Charles T. M. O’Brien.

The circumstances of the sale of the firm book accounts justified the Special Term in surcharging the defendant’s account with the additional items stated in the decree. The defendant alone has appealed. As plaintiff has not taken any cross-appeal, she cannot urge that we increase the judgment in her favor. Burns v. Burns, 190 N. Y. 211 , 215, 82 N. E. 1107 ; St. John v. Andrews Institute, 192 N. Y. 382 , 85 N.

p. 1108

person aggrieved. As our power is statutory, we cannot dispense with the appeal, which calls into being our power of review. Judgment affirmed, with costs. See, also, 150 N. Y. Supp. 1079 .

Cases cited

Burns v. Burns 190 N. Y. 211 N.Y. 1907-12-10 at 215, 82 p. 1107
John v. Andrews Institute for Girls 192 N. Y. 382 N.Y. 1908-06-12 p. 1107