Finley v. . Fay
New York Court of Appeals
The complaint in this action alleged in substance that the parties were originally partners ; that upon the dissolution of the partnership they had an accounting and settlement of the firm account, by which it was found that defendant was indebted to plaintiffs in the sum of $16,000, which sum plaintiffs sought to recover. The defendant set up an agreement executed on the dissolution, which he claimed was a release.
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The complaint in this action alleged in substance that the parties were originally partners ; that upon the dissolution of the partnership they had an accounting and settlement of the firm account, by which it was found that defendant was indebted to plaintiffs in the sum of $16,000, which sum plaintiffs sought to recover. The defendant set up an agreement executed on the dissolution, which he claimed was a release. By the agreement defendant assigned and transferred all his interest in the partnership assets to plaintiffs. In consideration whereof plaintiffs covenanted and agreed to save…
1Opinion of the Court
Per (Juriam.
Mem. for reversal of judgments of General Term, and that entered on the report of the referee and for a new trial.
All concur, except Bugeb, Ch. J., and Milleb, J., dissenting.
Judgment reversed.
2Cited by2 opinions
- Ferguson v. . BakerNew York Court of Appeals · 1889
- Applebee v. DukeNew York Supreme Court · 1891