Graham v. Golding
New York Supreme Court
The action was against a judgment debtor, and against other persons who were said to be, in fact, his partners, but pretending to he his employers, and the plaintiff claims an account of the debtor’s share in the supposed partnership. The partnership was denied by the defendants. The plaintiff asked for a reference on the ground that the examination of a long account would be necessary.
1Opinion of the Court
Mitchell, Justice.
It is admitted that no account will be necessary if the plaintiff fails to prove a partnership. The issue substantially is, whether there is a partnership or not; and then if the plaintiff succeeds, the accounting would follow to ascertain the amount which he is entititled to recover. Thus the accounting is like an inquiry to assess damages, and until it is known that there is a partnership, it can not be said in this case that the trial of the issue of fact will require the examination of a long account. In one case, that has occurred in this court, the „ previous dealings…
2Cited by2 opinions
- Goodyear v. BrooksThe Superior Court of New York City · 1866
- Goodyear v. BrooksThe Superior Court of New York City · 1866