Butler v. . Prentiss
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered December 26, 1895, modifying and affirming interlocutory and final judgments entered upon the report of a referee, , The nature of the action and the facts, so far as applicable to the question discussed, appear in the opinion.
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Appeal from a judgment of the late General Term of the Supreme Court in the first judicial department, entered December 26, 1895, modifying and affirming interlocutory and final judgments entered upon the report of a referee, , The nature of the action and the facts, so far as applicable to the question discussed, appear in the opinion. A confidential relation existed between the parties, and equity will not sanetion any part of the agreement of January, 1889. (Cowee v. Cornell, 75 N. Y. 91; Pom. Eq. Juris. § 951; Story’s Eq. Juris. § 308; Tate v. Williamson, L. R. [1 Eq.] 528; Platt v.…
1Opinion of the CourtVann, J.
This action was brought on the second of August, 1890, to dissolve a copartnership between the plaintiff and defendant, and for an accounting as to all of their partnership dealings and transactions.
On the 1st of May, 1880, Edwin T. Butler, the father of the plaintiff, entered. into partnership with the defendant to carry on the business of manufacturing woolen yarns under an oral agreement whereby said Butler was to rent to the firm a certain building to him belonging, and in which he had been manufacturing woolen yarns and other wares, at a rent .reserved of $3,500 per year. He was to…
2Cases cited7 opinions
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Brooks v. MartinSupreme Court of the United States · 1864
- Cowee v. . CornellNew York Court of Appeals · 1878
- Masson v. BovetCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hammond v. . PennockNew York Court of Appeals · 1874
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- Schank v. . SchuchmanNew York Court of Appeals · 1914
- Sokolow, Dunaud, Mercadier & Carreras LLP v. LacherAppellate Division of the Supreme Court of the State of New York · 2002
- Plews v. BurrageCourt of Appeals for the First Circuit · 1921
- Marr v. TumultyNew York Court of Appeals · 1931
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