Stratton v. City Trust, Safe Deposit & Surety Co.
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, William D. Stratton, as substituted receiver, etc., of the copartnership firm of Smith & Hanfield, com- . posed of James S. Smith and De Witt C. Hanfield, and by the •defendant, The City Trust, Safe Deposit and Surety Company of Philadelphia, from a judgment of the Supreme Court in favor of the •defendant, entered in the office of the clerk of the county of Orange on the 16th day of October, 1902, upon the decision of the court rendered after…
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Cross-appeals by the plaintiff, William D. Stratton, as substituted receiver, etc., of the copartnership firm of Smith & Hanfield, com- . posed of James S. Smith and De Witt C. Hanfield, and by the •defendant, The City Trust, Safe Deposit and Surety Company of Philadelphia, from a judgment of the Supreme Court in favor of the •defendant, entered in the office of the clerk of the county of Orange on the 16th day of October, 1902, upon the decision of the court rendered after a trial at the Kings County Trial Term, a jury having been waived, dismissing the plaintiff’s complaint. The plaintiff…
1Opinion of the Court
Hooker, J. :
James S- Smith and De Witt C. Hanfield were partners, and in May, 1895, the former commenced an action against his copartner for dissolution. The plaintiff in that case was appointed receiver without a bond, He served in that capacity about a year, at the expiration of which time, by consent, Monroe B. Washburn, the bookkeeper of the former concern, was appointed as substituted receiver. .At that time no bond was required of him and he gave none. Gn July 23,1897, an order was made by the court requiring him to give a bond in the sum of $10,000. He applied to the defendant in this…
2Cases cited4 opinions
- French v. . DauchyNew York Court of Appeals · 1892
- Carl v. MeyerAppellate Division of the Supreme Court of the State of New York · 1900
- Thompson v. DennerAppellate Division of the Supreme Court of the State of New York · 1897
- Stratton v. City Trust, Safe Deposit & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Brand v. HasbrouckAppellate Division of the Supreme Court of the State of New York · 1914