Barclay v. . Barrie
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 27, 1913, affirming a judgment in favor of defendant entered' upon a dismissal of the complaint by the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 27, 1913, affirming a judgment in favor of defendant entered' upon a dismissal of the complaint by the court on trial at Special Term. This action was brought to procure a dissolution of partnership between the plaintiff and defendant because, as alleged by the former, the latter had become incapacitated by reason of sickness from discharging his duties as such copartner. The parties had been copartners in the business of manufacturing and selling under a succession of…
1Opinion of the CourtHiscock, J.
After being copartners tor many years in the manufacture and sale of various articles under a succession of agreements, in February, 1908, the parties to this action entered into a new agreement of copartnership which was to extend from said date to January 1, 1913. In addition to contributing substantial sums of money as capital, each partner, as an original agreement, expressly undertook reasonably to devote his time and attention to the partnership affairs, but by further provision plaintiff had the right at his option to withhold his time and attention, and in which event defendant was to…
2Cases cited3 opinions
- Raymond v. VaughnIllinois Supreme Court · 1889
- Fogg v. JohnstonSupreme Court of Alabama · 1855
- Dumont v. RuepprechtSupreme Court of Alabama · 1861
3Cited by3 opinions
- Brandt v. Bib Enterprises, Ltd.Court of Appeals of Tennessee · 1998
- Chaim Ben-Dashan v. PlittAppellate Division of the Supreme Court of the State of New York · 1977
- Helfenbaum v. MishAppellate Division of the Supreme Court of the State of New York · 1936