Legal Opinion

Hart v. Myers

New York Supreme Court

Decided October 15, 1890Published

Action by Harmon H. Hart against Theodore W. Myers and Edward H. Myers for an accounting of the partnership business of the firm of Theodore W. Myers & Co., which firm was composed of the parties to the action. Before Hamilton Odell, Esq., Referee.

1Opinion of the Court

Odell, R.

This action is for an accounting between partners. On December 31,1888, the parties became copartners in the banking and stock commission business, as Theodore W. Myers & Co. By the terms of their agreement, the copartnership was to continue for two years. It was terminated by mutual consent on December 31, 1889. The entire cash capital of the firm was contributed by the defendants. The defendant Theodore W. Myers had been elected comptroller of the city of New York, and he was not required by the agreement to take any active part in the affairs of the firm. But the plaintiff and the…

2Cases cited9 opinions

  1. Wolfe v. . HowesNew York Court of Appeals · 1859
  2. Wheeler v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1880
  3. Spalding v. . RosaNew York Court of Appeals · 1877
  4. Lacy v. . GetmanNew York Court of Appeals · 1890
  5. Clark v. . GilbertNew York Court of Appeals · 1863

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