Legal Opinion

Mellish v. McMahon

New York Supreme Court

Decided June 23, 1892Published

Appeal from judgment on report of referee. Action by Charles F. Mellisli, executor of Titus S. Butler, deceased, against Thomas McMahon on a promissory note. From a judgment of the supreme court on report of a referee, defendant appeals.

1Opinion of the CourtMacomber, J.

This action was upon a promissory note for $1,000, given by the defendant as maker to the plaintiff’s testator as payee April 18, 1883. No question arises respecting the defendant’s liability thereon. The defense is a counterclaim upon unsettled partnership accounts between the defendant and the deceased during the years 1876 and 1877. The testator, Titus S. Butler, entered the employment of the defendant, who was engaged in the meat market business, in the year 1869. In the year 1876 these persons became copartners in such business, and so continued until the 11th day of November, 1877, when…

2Cases cited5 opinions

  1. Roberts v. . ElyNew York Court of Appeals · 1889
  2. Butler v. . JohnsonNew York Court of Appeals · 1888
  3. Mills v. . MillsNew York Court of Appeals · 1889
  4. Gray v. . GreenNew York Court of Appeals · 1891
  5. Middleton v. . TwomblyNew York Court of Appeals · 1891

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