Morley v. Castor
Appellate Division of the Supreme Court of the State of New York
Appeal, by the plaintiff, Edward- Morley, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk, of the county of Hew York on the 21st day of May, 1900, upon the decision of the court rendered after a trial at the Hew York- Special Term dismissing the complaint upon the merits, The original defendants in this action were George A. Castor and Charles S. Morley.
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Appeal, by the plaintiff, Edward- Morley, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk, of the county of Hew York on the 21st day of May, 1900, upon the decision of the court rendered after a trial at the Hew York- Special Term dismissing the complaint upon the merits, The original defendants in this action were George A. Castor and Charles S. Morley. Charles S. Morley having died pending the trial, the action was prosecuted against George A. Castor alone.
1Opinion of the Court
O’Brien, J.:
The plaintiff seeks in this action to recover from his copartners, who with him had formed the firm of “ George A. Castor & Company,” a share of rents and profits to which he claimed to be entitied by virtue of a written agreement entered into between the parties on October 8, 1892. It is admitted that the agreement upon which he relies was duly made, and it was conceded at the trial that *39the amount of one-third of such profits would be $4,984.34. The original answer set up as a defense another written agreement entered into between the parties on ¡November 23, 1896, and also…
2Cases cited2 opinions
- The People v. . ColeNew York Court of Appeals · 1871
- Bradley v. . MirickNew York Court of Appeals · 1883
3Cited by12 opinions
- Cumberland Railroad v. GirdnerCourt of Appeals of Kentucky · 1917
- Brown v. TannerDistrict Court of Appeal of Florida · 1964
- In re LynchAppellate Division of the Supreme Court of the State of New York · 1930
- Kemble v. LyonsSupreme Court of Iowa · 1918
- Sweeney v. Union State BankWisconsin Supreme Court · 1946
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