Union Nat. Bank of Franklinville v. Dean
Appellate Division of the Supreme Court of the State of New York
Appeal from Trial Term, Cattaraugus County. Action by the Union National Bank of Franklinville against Dan-ford W. Dean, impleaded with another. From a judgment for plaintiff, and an order denying a new trial, defendant Dean appeals. The action was commenced on the 15th day of October, 1901, by service of the summons upon the defendant. Dean.
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Appeal from Trial Term, Cattaraugus County. Action by the Union National Bank of Franklinville against Dan-ford W. Dean, impleaded with another. From a judgment for plaintiff, and an order denying a new trial, defendant Dean appeals. The action was commenced on the 15th day of October, 1901, by service of the summons upon the defendant. Dean. The defendant Spring not having been served, and he having died during the pendency of the action, and no substitution of his representatives having been made, the trial proceeded against Dean practically as sole defendant; he alone having interposed a…
1Opinion of the CourtMcLENNAN, P. J.
In the year 1882 the defendants, Danford W. Dean and S. Arthur Spring, formed a copartnership under the name of Dean & Spring, for the purpose of conducting a lumber yard and planing mill at Franklinville, N. Y., and engaging in the business of contracting and building there and elsewhere. Dean attended to the operation of the mill and looking after outside contracts, which took him away from Franklinville a considerable portion of the time during the building season. Spring had- charge of the office, kept the books, and looked after the financial affairs of the copartnership. They commenced…
2Cases cited3 opinions
- Rudd v. . RobinsonNew York Court of Appeals · 1891
- Austin v. . HollandNew York Court of Appeals · 1877
- Emerson v. . ParsonsNew York Court of Appeals · 1871