Morton v. Chesley
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Francis F. Morton,' as sole surviving partner of the firm of Morton & Ohesley, from an order of the Supreme Court, made at the New Fork Special Term and entered in the office of the clerk of the county of New Frork on the 17th day of February, 1896, vacating an order of arrest against the defendant theretofore granted in the action.
1Opinion of the Court
Van Brunt, P. J.:
This action was brought by the plaintiff, as sole surviving part-. Her, to recover the possession of certain books of account, the property of the co-partnership of which the defendant’s father had been a member,; said firm having. been dissolved on the 4th of April, 1892, and the defendant’s father having died on the l'2th of October, 1895^ and the defendant having been appointed his administrator.
The complaint contained no allegation in regard to the value of the books, nor was there any averment therein which showed that they were of any value whatever. The damages for…
2Cited by1 opinion
- Barnes v. GossAppellate Division of the Supreme Court of the State of New York · 1904