Sterling v. Chapin
Appellate Division of the Supreme Court of the State of New York
Appeal from Judgment on Report of Referee. Action by John W. Sterling, executor of the will of Edwin S. Chapin, deceased, against Albert IC. Chapin individually and as executor of the will of Edwin S. Chapin. From a judgment on the report of a referee, and also an interlocutory judgment directing a copartnership accounting, defendant appeals. Reversed.
1DissentLaughlin, J.
The plaintiff’s testator, Edwin S. •Chapin, and the defendant, Albert K. Chapin, were brothers, and co-partners in business as stockbrokers from the year 1886 until the 1st day of May, 1896, when the firm was dissolved by mutual consent. Edwin S. Chapin died on the 3d day of September, 1901, and this action is brought by one of his executors against the surviving partner, who is also an executor, both individually and as executor, for a co-partnership accounting. The only material allegation of the complaint put in issue by the answer was an allegation that the copartnership affairs had not…
2Cases cited11 opinions
- Rosseau v. . RoussNew York Court of Appeals · 1904
- Higgins v. . RidgwayNew York Court of Appeals · 1897
- Grierson v. . MasonNew York Court of Appeals · 1875
- Baird v. BairdNew York Court of Appeals · 1895
- Blewitt v. . BoorumNew York Court of Appeals · 1894
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