White v. . Reed
New York Court of Appeals
Appeal from judgment of the General Term of .the Superior Court of the "city of ¡New York, endered upon an order made ¡November 3, 1890, which affirmed a judgment in favor of defendants entered upon the report of a referee, and from an order of said General Term which reversed a judgment in favor of defendants previously entered upon the report of another referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of .the Superior Court of the "city of ¡New York, endered upon an order made ¡November 3, 1890, which affirmed a judgment in favor of defendants entered upon the report of a referee, and from an order of said General Term which reversed a judgment in favor of defendants previously entered upon the report of another referee. The nature of the action and the facts, so far as material, are stated in the opinion. The proceedings upon the reference before Mr. Cole, and the report and judgment thereon, were in accordance strictly with the interlocutory…
1Opinion of the CourtBradley, J.
The plaintiff, Horatio Reed and Charles White, were equal partners in business from 1862 to August 4, 1876, when plaintiff sold out his interest to his partners. The plaintiff in 1881 brought this action against Reed and White to set aside the sale on the ground of allegeá fraud and for an accounting, with a view to the recovery of an additional sum by way of capital and profits. The court determined that the allegation of fraud was sustained, and by interlocutory decree set aside the sale and directed an accounting, which was had before a referee, upon whose report judgment was entered in…
2Cases cited2 opinions
- King v. . LeightonNew York Court of Appeals · 1885
- Jones v. . ButlerNew York Court of Appeals · 1882
3Cited by2 opinions
- Nuland v. PruynCalifornia Court of Appeal · 1950
- Staiger v. KlitzAppellate Division of the Supreme Court of the State of New York · 1910