Adams v. . Elwood
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 4, 1902, affirming a judgment in favor of plaintiffs entered upon the report of a referee; also from an order of said Appellate Division, entered May 31, 1901, affirming an order of Special Term denying a motion to vacate the order of reference. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 4, 1902, affirming a judgment in favor of plaintiffs entered upon the report of a referee; also from an order of said Appellate Division, entered May 31, 1901, affirming an order of Special Term denying a motion to vacate the order of reference. The nature of the action and the facts, so far as material, are stated in the opinion. The referee committed errors in the exclusion of testimony prejudicial to the appellant. (Herzfeld v. Reinach, 44 App. Div. 326; Sharpe v. Freeman,…
1Opinion of the CourtWerner, J.
This action was brought to compel a surviving partner to render an accounting. Plaintiffs’ testator and the defendant had for many years been partners in a botanical drug business in the city of blew York, when the firm was dissolved on the 1st day of March, 1895, by the death of Walter Adams, one of the jmrtners. The action was tried before a referee. The complaint alleges, and the referee has found, that after the death of Adams the defendant Elwood continued the business down to the time of the commencement of this action in December, 1899, and refused to wind up the partnership affairs,…
2Cited by11 opinions
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- People v. WalkerAppellate Court of Illinois · 1978
- People ex rel. Nicholson v. Board of Trustees of the Police Pension FundAppellate Court of Illinois · 1935
- Greenlund v. FennerNew York Supreme Court · 1926
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