Legal Opinion

Brady v. Erlanger

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

Decided November 20, 1914PublishedCited by 9 opinions

Appeal by the plaintiff, William A. Brady, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 19th day of June, 1913, dismissing the complaint upon, the merits upon the decision of the court after a trial at the New York Special Term. The action was brought for a partnership accounting.

1Opinion of the Court

Scott, J.:

In the year 1907 plaintiff and defendant embarked upon a joint adventure which involved the leasing for a term of years, and the management of a theatre in the city of Chicago known as the Auditorium Theatre. There were no formal or written articles of copartnership, but there seems to be no doubt that at the outset it was understood that the parties were to have equal shares in the enterprise. Later on each permitted other persons to share his interests. The active management of the enterprise was left, apparently by tacit consent, in the hands of defendant. The lease of the…

2Cited by9 opinions

  1. Backus Plywood Corporation v. Commercial Decal, Inc.District Court, S.D. New York · 1962
  2. J. Leo Johnson, Inc. v. CarmerSupreme Court of Delaware · 1959
  3. Macklem v. Marine Park Homes, Inc.New York Supreme Court · 1955
  4. Manacher v. Central Coal Co.Appellate Division of the Supreme Court of the State of New York · 1954
  5. Brady v. ErlangerAppellate Division of the Supreme Court of the State of New York · 1919

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