Smith v. Williams
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph E. Williams, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Broome' on the 18th day of January, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 16th day of April, 1903, denying the defendant’s motion for a new trial made upon the minutes. The plaintiffs were manufacturers of cigars at Binghamton, FT.
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Appeal by the defendant, Joseph E. Williams, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Broome' on the 18th day of January, 1902, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 16th day of April, 1903, denying the defendant’s motion for a new trial made upon the minutes. The plaintiffs were manufacturers of cigars at Binghamton, FT. Y., and doing business under the firm name of Smith & Eogers. The defendant resided, and still resides at Syracuse* FT. Y.. Upon the 12th of…
1Opinion of the Court
Smith, J.:
Defendant’s answer contains denials sufficient to put the plaintiffs to their proof, and also alleges that before the commencement of the action the firm of Smith & Bogers assigned the alleged cause of action to John B. Bogers, who now is the owner and holder of the claim. This further defense is based upon the agreement disr *510solving the partnership. In that agreement the partnership of Smith & Rogers was. declared dissolved except as therein specified, and it is provided : “ That the said parties have adjusted all their financial matters between themselves, except as to certain…
2Cases cited4 opinions
- Conkling v. . ShelleyNew York Court of Appeals · 1863
- Britton v. . FerrinNew York Court of Appeals · 1902
- Weston v. . BrownNew York Court of Appeals · 1899
- German Bank v. . EdwardsNew York Court of Appeals · 1873
3Cited by4 opinions
- Pringle v. CanfieldSouth Dakota Supreme Court · 1905
- Diddams v. Empire Milking Machine Co. Inc.Supreme Court of Minnesota · 1932
- Morrison Manufacturing Co. v. Fargo Storage & Transfer Co.North Dakota Supreme Court · 1907
- Best Made Clothing Co. v. O'BrienCity of New York Municipal Court · 1932