Barker v. White
New York Court of Appeals
Appeal from a judgment. This action was brought by William Barker, plaintiff, appellant, against William White and Freeman Clarke, administrators, and Phoebe Sherman, administratrix of George W. Sherman, deceased, defendants, respondents. The plaintiff alleged that he was formerly a partner with the defendant White and with the decedent Sherman. That he lent the partnership $1000, for which the firm gave him their note, which he still held.
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Appeal from a judgment. This action was brought by William Barker, plaintiff, appellant, against William White and Freeman Clarke, administrators, and Phoebe Sherman, administratrix of George W. Sherman, deceased, defendants, respondents. The plaintiff alleged that he was formerly a partner with the defendant White and with the decedent Sherman. That he lent the partnership $1000, for which the firm gave him their note, which he still held. He also alleged that the decedent Sherman, having in his lifetime $600 in his possession belonging to the firm, lent it to a third person on his…
1Opinion of the CourtBockes, J.
—This action was in equity, by one member of a partnership to enforce certain claims against the other members, growing out of the firm business.
It was referred to a referee to hear and determine, who reported in favor of the plaintiff as to one claim, and against him as to the other; and the referee adjusted the costs between the parties, by allowing them in part to the plaintiff, and in part against him to the defendants.
Judgment was entered as directed by the referee. The plaintiff appealed therefrom to the general term, in so far as his claim set forth in the complaint was disallowed, and…
2Cited by2 opinions
- Mars v. ConnerSupreme Court of South Carolina · 1877
- Law v. McDonaldNew York Supreme Court · 1876