Clark v. Brooks
New York Court of Common Pleas
This action was brought by Stephen T. Clark against James and Erastus Brooks, for the purpose of settling a partnership alleged to have existed between the parties, who were ■ publishers of the “ ¡New York Express.” In 1864, upon application of one of the parties, the court made an order settling certain issues in the action, to be tried by a jury.
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This action was brought by Stephen T. Clark against James and Erastus Brooks, for the purpose of settling a partnership alleged to have existed between the parties, who were ■ publishers of the “ ¡New York Express.” In 1864, upon application of one of the parties, the court made an order settling certain issues in the action, to be tried by a jury. After the trial of these issues, and a finding thereon by the jury, the court, on motion of the plaintiff, upon the findings of the jury on the special issues, ordered judgment for the plaintiff. The nature of this order is more fully stated in the…
1Opinion of the CourtDaly, J.
The plaintiff brought his action for the dissolution of a co-partnership existing between himself and the defendants in The Express, a daily'newspaper, and for the taking of an account, claiming that he had an interest of one-sixth. The defendants insisted that his interest was only one-sixth of two-thirds, and upon the defendants’ application it was ordered that the point in dispute should be tried by a jury.
The trial was a long one, and fills a volume of more than 400 printed pages-. It was exhaustive in respect to the subject-matter. Great latitude, was allowed to the defendants upon the…
2Cases cited16 opinions
- Clapp v. . FullertonNew York Court of Appeals · 1866
- Williams v. . FitchNew York Court of Appeals · 1859
- Forrest v. . ForrestNew York Court of Appeals · 1862
- Crary v. SpragueNew York Supreme Court · 1834
- Apthorp v. ComstockNew York Court of Chancery · 1829
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