Simpson v. Simpson
Appellate Division of the Supreme Court of the State of New York
Appeal by. the defendant, Thomas Simpson, Jr., individually and as an executor of and trustee under the will of Bobert Simpson,, deceased, from an interlocutory judgment of the Supreme ¡Court in favor .of the plaintiffs, entered in the office of the cleric of the-county of Kings: on the 22d day of July, 1899, upon the decision of the court, rendered after a trial at the Kings County Special Term,, overruling his amended demurrer to the complaint.
1Opinion of the Court
Cullen, J. :
Thomas- Simpson, Jr., and Robert Simpson were partners. Robert Simpson died, leaving the plaintiffs and the defendant executors of and trustees under his will. The complaint alleges the partnership; that a certain lease assigned by the deceased to the defendant was in reality partnership property; that since the death of plaintiff’s testator the defendant has claimed to hold the lease as'his private property; has carried on the business formerly of the partnership •on his own private account and for his private benefit, and has ¡appropriated and continues to appropriate the whole…
2Cases cited5 opinions
- Russell v. . McCallNew York Court of Appeals · 1894
- Borrowe v. CorbinAppellate Division of the Supreme Court of the State of New York · 1898
- McGregor v. . McGregorNew York Court of Appeals · 1866
- Bodle v. HulseNew York Supreme Court · 1830
- Scrantom v. Farmers & Mechanics' BankNew York Supreme Court · 1860
3Cited by4 opinions
- In re EhretNew York Supreme Court · 1911
- Dolcater v. Manufacturers & Traders Trust Co.Court of Appeals for the Second Circuit · 1939
- McGinn v. LighthouseNew York Surrogate's Court · 1912
- Fambrough v. Gill Transportation Corp.District Court, S.D. New York · 1964