York v. Dick
Appellate Division of the Supreme Court of the State of New York
Order modified in accordance with' opinion of Jenks, J., without costs. Appeal from an order of the Special Term setting aside an order for the examination of the defendant before trial.
1Opinion of the Court
Jenks, J.:
If the action is-not by one partner against another, it is so similar in its character that the rules and procedure applicable to partnership suits may be applied, (Parks v. Gates, 54 App. Div. 512.) The plaintiff does not show that he requires the testimony of the defendant or any evidence in his control to establish the alleged agreement. He deposes that the agreement was made, and that the deféndant told him that he had organized the company in London with a capitalization of *$500,000 to take over the patent rights; that he was obliged to give up a majority of the stock to…
2Cases cited1 opinion
- Parks v. GatesAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Hausling v. RheinfrankAppellate Division of the Supreme Court of the State of New York · 1905