Kirkwood v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Harry M. Smith, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered-in the office of the clerk of the county of Kings on the 20th day of December, 1901, directing an accounting before a referee therein named.
1Opinion of the Court
Hirsohbekg, J.:
When this case was before the court on appeal from an order of the Special Term appointing a temporary receiver, we said in- the per ov/riam opinion delivered on the reversal of such order that “ from the papers- and affidavits submitted on the motion, it seems to us extremely doubtful whether any partnership relation ever existed between Mr. Kirkwood and Mr. Smith.” (See Kirkwood v. Smith, 64 App. Div. 615.) Since then the issues raised by the pleadings have been tried, and the present-appeal is from an interlocutory judgment directing an accounting by the appellant before a…
2Cases cited4 opinions
- Arnold v. . AngellNew York Court of Appeals · 1875
- Salter v. . HamNew York Court of Appeals · 1865
- Heye v. TilfordAppellate Division of the Supreme Court of the State of New York · 1896
- Kirkwood v. SmithAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by4 opinions
- Rudiger v. ColemanAppellate Division of the Supreme Court of the State of New York · 1906
- Kirkwood v. SmithAppellate Division of the Supreme Court of the State of New York · 1903
- Russell Hardware & Implement Manufacturing Co. v. Utica Drop Forge & Tool Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Kirkwood v. SmithAppellate Division of the Supreme Court of the State of New York · 1903