Ross v. Willett
New York Supreme Court
Appeal from special term, Hew York county. Action by Frank Boss, as ancillary administrator of James G. Boss, against Wallace P. Willett and Hathaniel P. Hamlin, for an accounting of all dealings and .transactions under certain agreements between defendants and said James G. Boss, deceased, and of the moneys received and paid out by said James G. Boss, by plaintiff and by defendants, respectively, in regard to the same; that defendants be adjudged to pay plaintiff, as…
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Appeal from special term, Hew York county. Action by Frank Boss, as ancillary administrator of James G. Boss, against Wallace P. Willett and Hathaniel P. Hamlin, for an accounting of all dealings and .transactions under certain agreements between defendants and said James G. Boss, deceased, and of the moneys received and paid out by said James G. Boss, by plaintiff and by defendants, respectively, in regard to the same; that defendants be adjudged to pay plaintiff, as administrator as aforesaid, any sum which, upon the taking of said accounts, appears to be due to plaintiff as administrator;…
1Opinion of the CourtFollett, J.
The court found, and we think the evidence required the finding, that James G. Boss and the defendants were engaged in two joint adventures, by which Boss purchased two cargoes of sugar, taking the legal title to them in his own name, under an agreement between him and the defendants that they should have one-fourth of the profits, if any, and should bear one-fourth of the losses, if any. These facts are established beyond doubt by the defendants’ letters and telegrams. One of these cargoes—the Cornelia Smit—was purchased in April, 1880, and was held until June 17, 1889, when it was finally…
2Cases cited2 opinions
- Eber B. Ward, Survivor, &C., Owner of the Steamboat Detroit v. Charles ThompsonSupreme Court of the United States · 1859
- Attwater v. FowlerThe Superior Court of New York City · 1828
3Cited by30 opinions
- Pedersen v. Manitowoc Co.New York Court of Appeals · 1969
- Goss v. LaninSupreme Court of Iowa · 1915
- Pritchett v. Thomas Plater & Co.Tennessee Supreme Court · 1920
- Pownall v. CearfossWest Virginia Supreme Court · 1946
- Horchler v. Van ZandtWest Virginia Supreme Court · 1938
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