Donnelly v. McArdle
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Michael Donnelly, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 26th day of October, 1899, upon the decision of the court, rendered after a' trial' at the New York Special Term, dismissing the complaint upon the merits.
Read the full summary
Appeal by the plaintiff, Michael Donnelly, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 26th day of October, 1899, upon the decision of the court, rendered after a' trial' at the New York Special Term, dismissing the complaint upon the merits. The action is brought for the dissolution of a copartnership, for an accounting, and to. have a bill of sale of the plaintiff’s interest in the firm to the defendant, executed on the 7th day of November, 1889, declared abandoned, rescinded and adjudged to have been…
1Opinion of the Court
Laughlin, J.:
The appellant contends that the findings of the learned trial court to the effect that the bill of sale was intended as an absolute transfer of the plaintiff’s interest in the- business, are against the weight of evidence, and that competent material evidence upon that issue was erroneously excluded. The substance of the testimony and evidence which we deem material is stated in the statement of facts. There is also evidence tending to impeach the credibility of the respective parties and of other witnesses, and there are many other items of evidence shedding more or less light…
2Cases cited1 opinion
- Horn v. . KeteltasNew York Court of Appeals · 1871
3Cited by2 opinions
- Donnelly v. McArdleAppellate Division of the Supreme Court of the State of New York · 1907
- Donnelly v. McArdleAppellate Division of the Supreme Court of the State of New York · 1912