Gimpel v. Wilson
New York Court of Common Pleas
Appeal from judgment on report of referee. Action by Henry Gimpel against Peter K. Wilson and Samuel M. Wilson for an accounting of partnership profits. There was a judgment in favor of plaintiff, and defendants appeal. Reversed. The account, as stated by the referee, is as follows:
1Opinion of the CourtBischoff, J.
The account, as stated between the plaintiff and the defendants, according to the finding of the referee, for the pur*944pose of sustaining the judgment in this action, can find justification upon the evidence in but one aspect of the case,-—the aspect conceded by the parties to have obtained,—and in this view the judgment rests upon an unjustifiable method of computation. It being found that the plaintiff was entitled to one-eighth of the net profits of the business, according to the oral agreement proven, and that this amount was to be computed upon profits accruing between the 1st day of…
2Cases cited1 opinion
- Williams v. LindblomNew York Supreme Court · 1893
3Cited by1 opinion
- Johnson v. TownsendSupreme Court of Georgia · 1941