Fairchild v. . Fairchild
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment entered upon a decision of -the court at Special Term. (Reported below," 5 Hun, 407.) The nature of the action and the facts are sufficiently stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment entered upon a decision of -the court at Special Term. (Reported below," 5 Hun, 407.) The nature of the action and the facts are sufficiently stated in the opinion. It was error to receive.in evidence the compendium of entries in the books of Fairchild, Walker & Co., which it was claimed related' to the property in question, and to receive evidence to explain the same. (Baker v. Stackpoole, 9 Cow., 420, 433; 2 R. S., 135, § 6; Laws 1860, chap. 322; Cook v. Barr, 44 N. Y., 156;…
1Opinion of the Court
Church, Ch. J.
This is an action for partition among the heirs of Egbert FT. Fairchild, of forty-eight vacant lots in the city of Flew York.
Egbert FT. Fairchild, Stephen C. Walker, Isaac D. Coleman and Henry J. Brown, were copartners, and constructed the new reservoir in Central park, and also other public works. The copartnership was formed in 1858, and the lots in question were purchased in 1860, and a conveyance taken in the name of Fairchild only. The other copartners, including the widow and heirs of one of them who has since died, claim an interest in the property equal to their…
2Cases cited6 opinions
- Chester v. . DickersonNew York Court of Appeals · 1873
- Day v. . RothNew York Court of Appeals · 1858
- Buchan v. SumnerNew York Court of Chancery · 1847
- Collumb v. . ReadNew York Court of Appeals · 1862
- Smith v. BurnhamU.S. Circuit Court for the District of Massachusetts · 1838
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3Cited by69 opinions
- Darrow v. . CalkinsNew York Court of Appeals · 1897
- McKinnon v. McKinnonCourt of Appeals for the Eighth Circuit · 1893
- Mattikow v. SudarskyNew York Court of Appeals · 1928
- Meagher v. ReedSupreme Court of Colorado · 1890
- Bradley v. . McDonaldNew York Court of Appeals · 1916
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