Palmer v. . Kingsford
New York Court of Appeals
. Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 1, 1887, which affirmed a judgment in favor of defendant entered upon the report of a referee.
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. Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made July 1, 1887, which affirmed a judgment in favor of defendant entered upon the report of a referee. This action was brought by plaintiff as administrator of the estate of Harmon L. Wilber, deceased, to recover from the defendant the value of a note made by him for $30,117.47, dated January 1, 1879, and, also, of six first mortgage sinking fund bonds of the Oswego Water Works Company of $1,000, which this complaint alleged belonged to the estate of his intestate and the…
1Opinion of the CourtEarl, J.
The finding of the referee that Ann Wilber was a member of the firm of T. Kingsford, Son & Co., is assailed by the plaintiff, and we do not deem it important to determine whether that finding was justified by the evidence and the law or whether any illegal evidence was taken relating thereto, because we think the result must be the same whether she was a member of that firm or not. If the referee was right in his finding and she was a member of the firm, then upon the death of her husband she and the Kingsfords became the surviving partners and had the right to the possession and control of…
2Cases cited1 opinion
- Hasbrouck v. . HasbrouckNew York Court of Appeals · 1863