Legal Opinion · Dissent

Dolan v. Mitchell

Appellate Division of the Supreme Court of the State of New York

Decided March 22, 1899Published

Appeal from judgment on report of referee. Action by James Dolan against James Mitchell. From a judgment, entered on the report of a referee, for plaintiff, defendant appeals.

1DissentFollett, J.

From April 1, 1897, to October 11, 1897, the litigants were partners, under the firm name of Mitchell & Dolan, engaged in retailing, in a small way, meats and fish at Penn Yan, N. Y. The firm was dissolved by mutual consent October 11, 1897, and 19 days thereafter (October 30,1897) this action was begun to adjust the accounts of the firm; and it was tried March 8, 1898. The referee found, on an adjustment of the partnership accounts, that there was due from the defendant to the plaintiff the sum of $151.41. This result was reaqhed from the firm books, which were kept by the defendant, and…

2Cases cited1 opinion

  1. Ashley v. HillSupreme Court of Connecticut · 1826

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