Smith v. Snowber
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, R. Telfair Smith, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 18th day of July, 1921, denying plaintiff’s motion to vacate an order entered in said clerk’s office on the 20th day of June, 1921, granting him leave to move at the Special Term for hearing contested motions to open his default in failing to reply to defendant’s counterclaim and to serve a…
Read the full summary
Appeal by the plaintiff, R. Telfair Smith, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 18th day of July, 1921, denying plaintiff’s motion to vacate an order entered in said clerk’s office on the 20th day of June, 1921, granting him leave to move at the Special Term for hearing contested motions to open his default in failing to reply to defendant’s counterclaim and to serve a reply thereto nunc pro tunc.
1Opinion of the Court
Laughlin, J.:
The action is for the dissolution of a copartnership and for an accounting. The plaintiff alleges that the copartnership *821was originally between the parties hereto and one John L. Snowber who retired from the business on the 1st of July, 1914. The answer denied that the partnership between the three terminated at the time alleged in the complaint and alleges that it continued until February 29, 1920, and was then dissolved by mutual consent, and that the dissolution agreement has been fully performed, and that thereby the defendant succeeded to all the copartnership property. For…
2Cases cited3 opinions
- Cook v. . JenkinsNew York Court of Appeals · 1880
- Reeves v. BushbyNew York Supreme Court · 1898
- Hudson River Water Power Co. v. Glens Falls Gas & Electric Light Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by1 opinion
- Hansen v. StormNew York Supreme Court · 1959