Duden v. Maloy
U.S. Circuit Court for the District of Eastern New York
In Equity. On exceptions to master’s report. Bill by Herman Duden against Michael F. Maloy for an accounting of the partnership affairs of the firm of Duden & Co. For motion to make the Associated Lace-Makers’ Company a party to the suit, see 37 Fed. Rep. 98. .
1Opinion of the Court
Lacombe, Circuit Judge.
The master has found, upon conflicting evidence, that the factory business was not a partnership enterprise, and that the land, buildings, and appurtenances formed no part of the assets of Duden & Co. of New York, at the close of the partnership. Under these circumstances, his finding, which also seems in accord with the weight of testimony, would ordinarily be sustained. Mason v. Crosby, 3 Woodb. & M. 258; Celluloid Manuf'g Co. v. Cellonite Manuf'g Co., 40 Fed. Rep. 476. Upon the hearing, however, of the exceptions to the master’s report, the defendant presented a…
2Cases cited3 opinions
- Krekeler v. . RitterNew York Court of Appeals · 1875
- Bridges v. SheldonUnited States Circuit Court · 1880
- Mason v. CrosbyU.S. Circuit Court for the District of Maine · 1847
3Cited by2 opinions
- Maloy v. DudenCourt of Appeals for the Second Circuit · 1898
- Siebert v. HallCourt of Appeals for the Eighth Circuit · 1933