Dolan v. Mitchell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James Mitchell, from so much of a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tates on the 6th day of June, 1898, upon the report of a referee as adjudges : “ Third. That the defendant is entitled to have set off and counterclaimed against that amount the sum of $90.66, balance due him from plaintiff on account of his employment by the plaintiff. “ Fourth.
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Appeal by the defendant, James Mitchell, from so much of a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tates on the 6th day of June, 1898, upon the report of a referee as adjudges : “ Third. That the defendant is entitled to have set off and counterclaimed against that amount the sum of $90.66, balance due him from plaintiff on account of his employment by the plaintiff. “ Fourth. That defendant’s claim and cause of action for money loaned to the plaintiff, sought to be established as a counterclaim in this action, did not…
1Dissent
Follett, J. (dissenting):
From April 1, 1897, to October 11, 1897, the litigants were partners under the firm name of Mitchell & Dolan, engaged in retailing, in a small way, meats and fish at Penn Yan, N. Y. The firm was dissolved by mutual consent October 11, 1897, and nineteen days thereafter (October 30, 1897) this action was begun to adjust the accounts of the firm, and it was tried March 8, 1898. The referee found on an adjustment of the partnership accounts that there was due from the defendant to the plaintiff the sum of $151.41. This result was reached from the firm books, which were…
2Cases cited1 opinion
- Ashley v. HillSupreme Court of Connecticut · 1826