# Wheeler v. Brown

> Appellate Division of the Supreme Court of the State of New York · June 17, 1938 · 254 A.D. 894

URL: https://www.frixlaw.com/law-library/cases/5355469

## Case

- **Full name:** Edith B. Wheeler, Wesley L. Wheeler and E. Lawrence Wheeler, Copartners, Doing Business under the Firm Name and Style of Wheeler Shipyard v. Clarence E. Brown, Respondent Clarence E. Brown v. Edith B. Wheeler, Wesley L. Wheeler and E. Lawrence Wheeler, Copartners, Doing Business under the Firm Name and Style of Wheeler Shipyard
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** June 17, 1938
- **Citations:** 254 A.D. 894; 5 N.Y.S.2d 229; 1938 N.Y. App. Div. LEXIS 8205
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5355469

## Opinion text

Appellants brought an action against respondent for an accounting, and respondent sued appellants to recover commissions and expenses in connection with the sales of boats. The actions were consolidated. The Special Term decided certain issues in favor of respondent and referred certain other issues to an official referee, who found, as to the action for an accounting, that the complaint should be dismissed on the merits, and, as to the second action, that respondent was entitled to recover from appellants $1,186.08 plus interest and costs, and an additional allowance of five per cent. The report of the official referee was confirmed, and the court directed the entry of a judgment dismissing the complaint on the merits in the action for an accounting, and for $2,767.90 in favor of respondent in the action for commissions and expenses. The appeal is from the judgment and order. Judgment and order unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Carswell, Davis, Johnston and Taylor, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5355469. Public record. Not legal advice.