Union National Bank v. Dean
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Danford W. Dean, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cattaraugus on the 30th day of September, 1910, upon the verdict of a jury, and also from an order bearing date the 23d day of September, 1910, and entered in said clerk’s office, denying the said defendant’s motion. for a new trial made upon the minutes.
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Appeal by the defendant, Danford W. Dean, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cattaraugus on the 30th day of September, 1910, upon the verdict of a jury, and also from an order bearing date the 23d day of September, 1910, and entered in said clerk’s office, denying the said defendant’s motion. for a new trial made upon the minutes. The action was commenced on the 15th day of October, 1901, by service of the summons upon the defendant Dean. The defendant Spring not having been served and he having died during the…
1Opinion of the Court
McLennan, P. J.:
In the year 1882 the defendants, Danford W. Dean and S. Arthur Spring, formed a copartnership, under the name of Dean & Spring, for the purpose of conducting a lumber yard and planing mill at Franklinville, N. Y., and engaging in the business of contracting and building there and elsewhere. Dean attended to the operation of the mill and looking after outside contracts, which took him away from Franklinville a considerable portion of the time during the building season. Spring had charge of the office, kept the books and looked after the financial affairs of the copartnership.…
2Cases cited2 opinions
- Austin v. . HollandNew York Court of Appeals · 1877
- Emerson v. . ParsonsNew York Court of Appeals · 1871