Barnes v. Barnhart
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Westchester County. Action by Eugene Barnes against William H. Barnhart and others. From an order denying a change of venue, the defendant named appeals. Affirmed.
1Opinion of the CourtJenks, J.
The plaintiff’s cause of action arises out of a written agreement for a business venture which resulted in the purchase of lands in the city of Buffalo, of which the title was taken in the names of the plaintiff and the defendant Barnhart, who held them in trust for their benefit and that of their associates: The plaintiff and said defendant were to make sales from time to time, and the profits were to *460be distributed in certain specified proportions. If the proceeds of the sales did not meet the fixed charges, taxes, and expenses, then the parties were to bear them in proportion to their…
2Cases cited2 opinions
- Hogg v. MackNew York Supreme Court · 1889
- Simpson v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Stuckey v. StuckeyNebraska Supreme Court · 1943