Legal Opinion

Mallett v. Kellar

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1904PublishedCited by 1 opinion

Appeal by the defendant, Stanley E. Kellar, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the. -office of the clerk of the county of Kings on the 3d day of March, 1903, upon the report of a referee, dissolving a copartnership existing between the parties to this action and adjusting the partnership -accounts.

1Opinion of the Court

Woodward, J. :

On the 1st day of April, 1901, the plaintiff in this action entered into a contract of copartnership with the defendant, under the terms of which, as finally modified by mutual consent, the defendant, Mr. Kellar, agreed to contribute $1,000 to the capital of the firm, and the plaintiff, Mr. Mallett, in a like manner agreed to place $4,000 in the fund, making the capital $5,000. This was done and the partnership began business, conducting it for about five months at a loss, when this action was commenced for a dissolution of such partnership, resulting in the appointment of a…

2Cases cited1 opinion

  1. Woelfel v. ThompsonMassachusetts Supreme Judicial Court · 1899

3Cited by1 opinion

  1. Shirley v. StraubNorth Dakota Supreme Court · 1924

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