Legal Opinion · Dissent
Antony v. Dickel
Appellate Division of the Supreme Court of the State of New York
Decided May 5, 1899Published
.Appeal from trial term, New York county. ,Action by Emelie F. Antony against Charles F. Dickel and 'Others. From a judgment in favor of plaintiff, and from an order ■denying a motion for a new trial, certain defendants appeal.
1DissentIngraham, J.
I cannot agree to the affirmance -of this judgment. It seems to me that, upon the testimony of the plaintiff, the payment of the money which she seeks to recover was the contribution of the capital to this co-partnership or special adventure, and not a loan by the plaintiff to the defendants. The plaintiff testifies:
“I went over to the Dickel Riding Academy, and I saw Mr. Dickel and Kroehie. The question then came up of advancing some money to huy horses. I said I would, if it was mutually understood that I was to have the benefit •of it through my husband receiving a half share of the…
2Cases cited1 opinion
- Dooner v. HawsAppellate Terms of the Supreme Court of New York · 1897