Butler v. Ballard
The Superior Court of New York City
Appeal from order confirming referee’s report and overruling exceptions. This action is brought for an accounting between partners. The parties to the action were members of a limited copartnership under the name of Ballard, Halley & Co., from January, 1869, to December 31, 1874, when the same expired by limitation. The plaintiff and the defendants, 'Ballard and Halley were the general partners, and the defendant Moore, the special partner.
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Appeal from order confirming referee’s report and overruling exceptions. This action is brought for an accounting between partners. The parties to the action were members of a limited copartnership under the name of Ballard, Halley & Co., from January, 1869, to December 31, 1874, when the same expired by limitation. The plaintiff and the defendants, 'Ballard and Halley were the general partners, and the defendant Moore, the special partner. The plaintiff contributed $15,000, the= defendant Moore $25,000 ; the defendants Ballard and Halley contributed nothing. The profits and loses were to be…
1Opinion of the Court
By the Court.—Freedman, J.
—It is conceded that the referee has correctly found the amounts withdrawn by, and the balance due to and by, the several parties to the co-partnership. It therefore appears without contradiction that there was due from all sources :
*198To Butler.......$9,286.77
To Mpore....... 17,922.82 .
Total......$27,209.59
On the other hand Ballard and Halley had largely overdrawn their respective accounts, and there was due
From Ballard......$15,243.08
From Halley...... 11,966.51
Total......$27,209.59
—or exactly the aggregate amount to which Butler and Moore were entitled.
The cross…
2Cases cited1 opinion
- Neudecker v. KohlbergNew York Court of Common Pleas · 1871