Kelly v. Buck
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Carrie G-. Back, as executrix, etc., from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 18th day of July, 1910, upon the decision of the court, rendered after a trial at the Kings County Special Term, directing an accounting of partnership transactions between the plaintiff and Ezra W. Buck.
1Opinion of the Court
Carr, J.:
The plaintiff and one Ezra W. Buck were copartners in the trucking business in the city of New York. In August, 1897, while *547the partnership was pending, they entered into a written agreement, which, after reciting generally the mutual interests of the partners, provided as follows:
“Wheeeas, they desire to enter into some further agreement whereby in the event of the death of either, the business and assets of the said copartnership may become the sole property of the other, subject only to the debts of said copartnership;
“ Now, therefore, in consideration of the premises and one…
2Cases cited2 opinions
- Cutter v. . Gudebrod Brothers Co.New York Court of Appeals · 1901
- Hasselman v. DouglassIndiana Supreme Court · 1875
3Cited by2 opinions
- Werring v. SeligAppellate Division of the Supreme Court of the State of New York · 1934
- Hutchinson v. SperryNew York Supreme Court · 1913