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Mitchell v. Mitchell

Bertram Mitchell v. Michael Mitchell, Individually and as Guardian of Bertram Mitchell

Mitchell v. Mitchell, 170 A.D. 458 (1915)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
December 10, 1915
Judges
Laughlin
Citations
170 A.D. 458156 N.Y.S. 801915 N.Y. App. Div. LEXIS 5990
Headnotes
See head note in Mitchell v. Mitchell (ante, p. 452).
Summary
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.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Laughlin

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Laughlin, J.:

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1915: 219152026peak 1915 · 2

Relies on it most ⓘ

  1. Mitchell v. Mitchell170 A.D. 452 (1915)
  2. Mitchell v. Mitchell16 Mills Surr. 51 (N.Y. Sur. Ct. 1915)

Most recent

  1. Mitchell v. Mitchell170 A.D. 452 (1915)
  2. Mitchell v. Mitchell16 Mills Surr. 51 (N.Y. Sur. Ct. 1915)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Mitchell v. Mitchell, 170 A.D. 452 (1915) 25

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