Legal Opinion

Mertens v. Roche

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1899PublishedCited by 2 opinions

Appeal by the defendant, Percy E. Roche, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 21st day of August, 1897, upon the decision of the court rendered after a trial at the Onondaga Special Term. The action was commenced August 1, 1895, and judgment was entered August 24, 1897.

1Opinion of the Court

Spring, J.:

The firm of A. 0. Yates & Co., consisting of A. 0. Yates and Theodore Dissel, was formed on or about November 28, 1877, and carried on the clothing business in the city of Syracuse, until the death of Yates, October 11, 1880. ’ After, the death of Yates, Dissel conducted the business until the plaintiff went into partnership with him, February 29, 1881, and the business was carried on by this firm until February 17, 1888, when the firm was dissolved by the death of Theodore Dissel. -

*399At the time of the formation of the company of A. C. Yates & Go., another copartnership was…

2Cases cited7 opinions

  1. Roberts v. . ElyNew York Court of Appeals · 1889
  2. Pope v. . ColeNew York Court of Appeals · 1873
  3. Colgan v. DunneNew York Supreme Court · 1888
  4. Harbeck v. . PupinNew York Court of Appeals · 1890
  5. Collier v. MillerNew York Supreme Court · 1891

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3Cited by2 opinions

  1. Duck v. McGrathAppellate Division of the Supreme Court of the State of New York · 1914
  2. Oldfield v. Vassar CollegeAppellate Division of the Supreme Court of the State of New York · 1902

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