Struthers v. . Pearce
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas of Blew York, affirming a judgment (except as to the amount of costs) entered in favor of the plaintiff, on the decision of the court at Special Term.
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Appeal from judgment of the General Term of the Court of Common Pleas of Blew York, affirming a judgment (except as to the amount of costs) entered in favor of the plaintiff, on the decision of the court at Special Term. The object of the action was to secure to the plaintiff (an outgoing partner) an interest in a lease of which the defendants (the continuing partners) had obtained a renewal, during the continuance of the copartnership, to his exclusion and for their own use. The judge who tried the issues found the following facts: First. That the plaintiff and defendants formed the…
1Opinion of the Court
Lott, Ch. C.
The material fact is found by the judge that the lease in question was taken by the defendants during the existence and continuance of the partnership for their individual benefit, and to the exclusion of all interest therein by the plaintiff, and that this was done secretly and without notice to him. It also appears by his findings that the term of the copartnership was not for a fixed and definite period, but was to continue during thepleaswre of the parties, and it is not found that any agreement had been made or that any act had been done or notice given by either party by…
2Cited by13 opinions
- Mitchell v. . ReedNew York Court of Appeals · 1874
- Robinson v. . JewettNew York Court of Appeals · 1889
- Bayer v. BayerAppellate Division of the Supreme Court of the State of New York · 1926
- Donleavey v. JohnstonCalifornia Court of Appeal · 1914
- Goldsmith v. LoebAppellate Division of the Supreme Court of the State of New York · 1918
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