Smith v. Proskey
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, David Proskey, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 23d day of December, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the plaintiff’s demurrer to the defendant’s answer in a replevin action.
1Opinion of the Court
McLaughlih, J.:
On the 26th of Hovember, 1901, the defendant and one Harlan P. Smith entered into an agreement in writing which provided, among other things, that the partnership theretofore existing between them under the firm name of the Hew York Coin and *20Stamp Company was that day dissolved by mutual consent; that Smith was made the liquidating partner of the firm, “ and all the stock in trade, book accounts and other assets of the firm ” Were “vested in him for that purpose;” that he was to reduce the samé to cash and discharge all the existing obligations of the firm, including all sums…
2Cases cited5 opinions
- Gilmore v. . HamNew York Court of Appeals · 1894
- Murray v. MumfordNew York Supreme Court · 1826
- Coleman v. . BeachNew York Court of Appeals · 1885
- Preston v. . FitchNew York Court of Appeals · 1893
- Fox v. International Hotel Co.Appellate Division of the Supreme Court of the State of New York · 1899