Legal Opinion

Fincke v. Funke

New York Supreme Court

Decided December 15, 1881Published

Appeal from a judgment in favor of' the plaintiff, entered upon the trial of this action by the court without a jury.

1Opinion of the Court

Gilbert, J.:

The subject of this action isa claim for professional services performed during and after the year 1854, but prior to the year 1857, for the defendant, by the late firm of Ludwig, Smith & Fincke, attorneys, of which the plaintiff is the sole surviving partner. The defendant sets up as a defense the statute of limitations.

It appears that the plaintiff and his copartner Smith, in the year *6171857, were restrained from collecting any of the assets or property of the said late firm by an injunction made in an action then pending in the Court of Common Pleas of the city and county of…

2Cases cited7 opinions

  1. Keeney v. . Home Insurance CompanyNew York Court of Appeals · 1877
  2. Lansing v. EastonNew York Court of Chancery · 1839
  3. Foster v. . TownshendNew York Court of Appeals · 1877
  4. Merritt & Dyckman v. LyonCourt for the Trial of Impeachments and Correction of Errors · 1836
  5. Fenner & Hardenburgh v. SanbornNew York Supreme Court · 1862

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