Legal Opinion

Clarke v. Brooks

New York Court of Appeals

Decided March 15, 1867PublishedCited by 1 opinion

Stephen T. Clarke brought this action in the New York common pleas against James and Erastus Brooks, for the purpose of settling a partnership alleged to have existed between the parties, who were publishers of the New York Express. In 1863, upon application of one of the parties, the court made an order settling certain issues in the action, to be tried by a jury.

Read the full summary

Stephen T. Clarke brought this action in the New York common pleas against James and Erastus Brooks, for the purpose of settling a partnership alleged to have existed between the parties, who were publishers of the New York Express. In 1863, upon application of one of the parties, the court made an order settling certain issues in the action, to be tried by a jury. After the trial of these issues, and a finding thereon by the jury, the court, on motion of the plaintiff, upon the findings of the jury on the special issues, ordered judgment for the plaintiff. The nature of this order is more…

1Opinion of the Court

By the Court.

Hunt, J.

This action was brought for the purpose of closing the affairs of a partnership alleged to exist between the pfiain tiff and the defendants in the publication of the newspaper called the New York Express.

During the year 1864 an application was made and granted for the settlement of certain issues to be tried by a jury. After the trial of such issues by the jury, the plaintiff brought on the cause generally for a hearing and trial at special term, held in February, 1865, and moved for judgment on the findings of the jury. The motion of the plaintiff for judgment was…

2Cases cited4 opinions

  1. Clapp v. . FullertonNew York Court of Appeals · 1866
  2. Forrest v. . ForrestNew York Court of Appeals · 1862
  3. Tompkins v. . HyattNew York Court of Appeals · 1859
  4. Smith v. LewisNew York Court of Common Pleas · 1865

3Cited by1 opinion

  1. Randall v. . RandallNew York Court of Appeals · 1889

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API