Bouton v. Bouton
New York Supreme Court
This was an action for an account between partners, and alleging that $1,500 was due the plaintiff, and that the .partnership had been dissolved March 1, 1867, and before the suit was commenced. The plaintiff demanded an account and judgment for said $1,500, with general relief. •The answer.admitted the dissolution of the partnership, but denied there was any sum due the plaintiff.
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This was an action for an account between partners, and alleging that $1,500 was due the plaintiff, and that the .partnership had been dissolved March 1, 1867, and before the suit was commenced. The plaintiff demanded an account and judgment for said $1,500, with general relief. •The answer.admitted the dissolution of the partnership, but denied there was any sum due the plaintiff. On the 28th day of December, 1867, the action was referred to John W. Martin, “ to hear and determine this action and report thereon to this court.” The cause was tried before the referee, and evidence given on the…
1Opinion of the Court
By the court, Parker, J.
This is an appeal from an ordei made at special term, setting aside the judgment and report of the referee for irregularity.
The parties were from April 10, 1866, to March, 1867, 'partners in buying and selling merchandise; on the day last mentioned the partnership was dissolved.
The plaintiff brings this action to obtain from the defendant an accounting of the moneys received and paid out by him for the benefit of the partnership concern, and to recover any balance in his hands which shall be found due the plaintiff which he alleges fifteen hundred dollars. The…
2Cases cited2 opinions
- Renouil v. HarrisThe Superior Court of New York City · 1849
- Jellinghaus v. New York InsuranceThe Superior Court of New York City · 1860
3Cited by2 opinions
- Terpening v. HoltonSupreme Court of Colorado · 1886
- George v. DepierrisAppellate Terms of the Supreme Court of New York · 1896