Gray v. . Green
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 16, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought for a dissolution of the firm of H. W. Gray & Co., stockbrokers, which was composed of the plaintiff and defendant.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 16, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought for a dissolution of the firm of H. W. Gray & Co., stockbrokers, which was composed of the plaintiff and defendant. The complaint demanded that the partnership be adjudged dissolved, an accounting had and that plaintiff have judgment for a balance claimed to be due. The facts, so far as material, are stated in the…
1Opinion of the CourtFinch, J.
When this case was before us on a previous appeal (125 E. Y. 203), we reversed the judgment and ordered a new trial, holding that upon the facts then disclosed the cause of action proved under the pleadings accrued at the date of the dissolution of the partnership. It then appeared that such dissolution was effected by mutual consent, and that the duty of liquidation had been assigned solely to the plaintiff, a fact about which there was no controversy and which stood both found and admitted. It further appeared that just before the dissolution the defendant had withdrawn from the assets,…
2Cases cited4 opinions
- Gilmore v. . HamNew York Court of Appeals · 1894
- Robbins v. . FullerNew York Court of Appeals · 1862
- Gray v. . GreenNew York Court of Appeals · 1891
- Brush v. . JayNew York Court of Appeals · 1889
3Cited by14 opinions
- Scaglione v. St. Paul-Mercury Indemnity Co.Supreme Court of New Jersey · 1958
- Bankers Trust Co. v. DennisAppellate Division of the Supreme Court of the State of New York · 1939
- Barthuly v. BarthulyNebraska Supreme Court · 1974
- Finley v. GilmoreSupreme Court of Kansas · 1920
- Stark v. Utica Screw Products, Inc.Utica City Court · 1980
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