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Benedict v. Houghton

90 N.Y.S. 1088 Court N.Y. App. Div. Decision date 1904-10-18 English

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p. 1088
BENEDICT, Respondent, v. HOUGHTON et al., Appellants.
(Supreme Court, Appellate Division, Fourth Department.
October 18, 1904.)

Headnote

Action by Amelia Benedict against Rhode A. Houghton and others.

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,,