Legal Opinion

Brady v. Powers

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

Decided April 6, 1906PublishedCited by 8 opinions

Appeal by the defendants, Patrick T. Powers and another, from, an interlocutory judgment of the .Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of April, 1903, .dissolving a partnership between the original parties to the action and directing an accounting of the;profits; also from an order entered in said clerk’s office on the 1st day of December, 1904, confirming the report of a referee appointed by the…

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Appeal by the defendants, Patrick T. Powers and another, from, an interlocutory judgment of the .Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of April, 1903, .dissolving a partnership between the original parties to the action and directing an accounting of the;profits; also from an order entered in said clerk’s office on the 1st day of December, 1904, confirming the report of a referee appointed by the said interlocutory judgment to take an accounting, and overruling the exceptions of the said defendants to such report;…

1Opinion of the Court

Clarke, J.:

y This action was brought for the dissolution of a partnership and ah accounting. The partnership related to the giving of bicycle exhibitions or races. • In May, 1897, the plaintiff ánd the defendants entered into an oral partnership arrangement to give bicycle exhibitions, each of the four parties to receive one-fourth of the profits and share the losses in the same proportion. At that time the exhibitions .contemplated were “ outdoor ” exhibitions. In August, 1897, it was agreed, that the plaintiff should have an interest in indoor racing. Prior td that, Powers, Kennedy and…

2Cases cited4 opinions

  1. Mitchell v. . ReedNew York Court of Appeals · 1874
  2. Slater v. . SlaterNew York Court of Appeals · 1903
  3. Sanger v. . FrenchNew York Court of Appeals · 1898
  4. Spears v. . WillisNew York Court of Appeals · 1897

3Cited by8 opinions

  1. Scholastic, Inc. And Scholastic Productions, Inc. v. Robert Harris and Harris Entertainment, Inc.Court of Appeals for the Second Circuit · 2001
  2. Costello v. GleesonArizona Supreme Court · 1914
  3. Posner v. PosnerAppellate Division of the Supreme Court of the State of New York · 2001
  4. Gerstein v. TeitelbaumAppellate Division of the Supreme Court of the State of New York · 1948
  5. Graham v. StreetUtah Supreme Court · 1946

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