Snyder v. Seaman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lloyd I. Seaman, from a ¡judgment of the Court of Common Pleas for the city and county of New York, entered in the office of the clerk of said court on the 5th day of August, 1895, upon the report of a referee.
Read the full summary
Appeal by the defendant, Lloyd I. Seaman, from a ¡judgment of the Court of Common Pleas for the city and county of New York, entered in the office of the clerk of said court on the 5th day of August, 1895, upon the report of a referee. The action was brought for an accounting between co-partners, the plaintiff claiming that certain personal taxes of defendant had been improperly paid with co-partnership moneys and charged to. business expenses in arriving at the net profits or earnings of the co-partnership, which were to be divided between the co-partners. The first co-partnership agreement…
1Opinion of the Court
Williams, J.:
The referee evidently based his decision upon the language of the agreements alone, without taking into consideration the evidence *260offered, bearing upon ■ the construction or meaning given . to the language by the parties to the agreement. In the absence of such evidence, and construing the language of the agreement without the aid of such evidence, the conclusion of the referee would undoubtedly have been correct. According to the ordinary meaning of the term net profits or net earnings of the business, these personal taxes of the defendant which were not shown to have been…
2Cases cited3 opinions
- Insurance Co. v. DutcherSupreme Court of the United States · 1877
- Woolsey v. . FunkeNew York Court of Appeals · 1890
- Nicoll v. . SandsNew York Court of Appeals · 1892
3Cited by3 opinions
- Brown v. A. F. Bartlett & Co.Michigan Supreme Court · 1918
- Lawrence v. CowperthwaitNew York Supreme Court · 1934
- In re the Final Accounting of HayesNew York Supreme Court · 1902