McGibbon v. . Tarbox
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 29, 1911, modifying and affirming as modified a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division erred in allowing the defendant interest on capital employed in the firm’s business. (Van Santvoord’s Eq.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 29, 1911, modifying and affirming as modified a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division erred in allowing the defendant interest on capital employed in the firm’s business. (Van Santvoord’s Eq. Pr. 183; Kennedy v. Porter, 109 N. Y. 550; King v. Leighton, 100 N. Y. 392; Ames v. Downing, 1 Bradf. 321; Russell v. McCall, 141 N. Y. 437;…
1Opinion of the Court
Cullen, Oh. J.
This action is brought for an accounting by the representatives of the deceased partner against the survivor. In May, 1873, the plaintiffs’ intestate and the defendant entered into a copartnership as merchants dealing in hardware at Hancock, a village of this state, making equal contributions to the capital stock and sharing equally the profits and losses. The partnership continued till September, 1884, when plaintiff’s intestate died, leaving a widow and several children. The family relation between the partners was intimate, the deceased having married the defendant’s sister…
2Cases cited2 opinions
- In Re the Judicial Settlement of the Accounts of JamesNew York Court of Appeals · 1895
- Rodgers v. . ClementNew York Court of Appeals · 1900
3Cited by2 opinions
- Berkovits v. HanleyAppellate Division of the Supreme Court of the State of New York · 1972
- Hedley v. HedleyAppellate Division of the Supreme Court of the State of New York · 1976