Kellogg v. Griffiths
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frederick H. Kellogg, from an order of the Supreme Court, made at the Nassau Special Term and entered in the office of the clerk of the county of Nassau on the 13th day ■ of December, 1907, directing the plaintiff to furnish a bill of particulars.
1Opinion of the Court
Jerks, J.:
This is an appeal from an order of the Special Term for a bill of particulars. The action is brought to dissolve a partnership :of no definite term. The plaintiff complains that he and the.defendant were to share alike the receipts and the profits; that since the coinfncncement of the partnership the defendant has from time to time applied to his own use from the receipts and profits of the business large sums of money in excess of his proper share, and “in order to conceal the same said defendant, who has always had the management of the copartnership books, has never balanced said…
2Cases cited3 opinions
- Van Olinda v. HallNew York Supreme Court · 1894
- American Transfer Co. v. George Borgfeldt & Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Ingraham v. International Salt Co.Appellate Division of the Supreme Court of the State of New York · 1906