Legal Opinion
Applebee v. Duke
New York Supreme Court
Decided April 15, 1891Published
Appeal from judgment on report of referee. A. J. Applebeer'and E. P. Whitcomb, as executors of Joseph Duke, sued William Duke and others for an accounting. Defendant Duke moved for ai new trial under section 1001 of the Code of Civil Procedure from an interloe-' utory judgment entered upon the report of a referee.
1Opinion of the CourtCorlett, J.
“Whereas, in or about the year 1860, William Duke, now of Scio, Alleghany Co., ÍT. Y., and Joseph Duke, now of Bradford, McKean Co., Pa., entered into 'a copartnership in the business of manufacturing and selling lumber and stoves under the firm name of W & J. Duke, wherein the two parties aforesaid were equal partners, which partnership has been ever since continued find now subsists; and whereas, in the prosecution of the business ° by such copartnership large amounts of both real and personal property have been accumulated by the investment of profits therein without dividing the same…
2Cases cited8 opinions
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Morris v. . WhitcherNew York Court of Appeals · 1859
- Hutchins v. . HebbardNew York Court of Appeals · 1865
- Barry v. . RansomNew York Court of Appeals · 1855
- Dodge v. . ZimmerNew York Court of Appeals · 1888
3 more not listed; retrieve them via the Exa API.