Kirkman v. Kirkman
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by Alexander S. Kirkman and another against May Louise Kirkman (individually and as administratrix of John Kirkman, deceased) and another, to have the title to certain lands freed from any trust in favor of John Kirkman, deceased (a former partner of plaintiff), or his legal representatives.
Read the full summary
Appeal from special term, Kings county. Action by Alexander S. Kirkman and another against May Louise Kirkman (individually and as administratrix of John Kirkman, deceased) and another, to have the title to certain lands freed from any trust in favor of John Kirkman, deceased (a former partner of plaintiff), or his legal representatives. From a judgment in favor of plaintiffs, rendered after trial at special term (45 R. Y. Supp. 373), defendant May Louise Kirkman, individually and as administratrix, appeals.
1Opinion of the CourtWillard Bartlett, J.
This appeal presents the question whether the opinion evidence of an expert is receivable to prove the value of the good will of a partnership. The litigation relates to the affairs of the firm of soap manufacturers known as Kirkman & Son, of which John Kirkman, the appellant’s intestate, was a member during his lifetime. The learned judge at special term has decided that the good will and trade-marks of the concern are worth $15,000, of which sum the appellant, as administratrix of John Kirk-man, is entitled to 30 per cent. The appellant insists, however, that the valuation of the good will…
2Cases cited6 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Mitchell v. . ReadNew York Court of Appeals · 1881
- In re the Judicial Settlement of the Account of RandellNew York Surrogate's Court · 1889
- Reed v. . McConnellNew York Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Wallace v. American Life InsuranceOregon Supreme Court · 1924
- White, Corbin & Co. v. JonesAppellate Division of the Supreme Court of the State of New York · 1903