Legal Opinion

Denike v. . Harris

New York Court of Appeals

Decided February 8, 1881PublishedCited by 16 opinions

Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 14, 1880, affirming a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. (Reported below, 23 Hun, 213.) The nature of the action and the facts appear sufficiently in the opinion.

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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 14, 1880, affirming a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. (Reported below, 23 Hun, 213.) The nature of the action and the facts appear sufficiently in the opinion. If Reeves took the $15,000 as a loan, the testator’s estate became relieved from liability as partner, and Reeves became debtor to the estate, paying interest. (2 Lindl. on Partn. 806; Barfield v. Loughborough, L. R., 8 Ch. App. 1; Vyse v.…

1Opinion of the CourtEarl, J.

For some time before his death the' testator was a spqpial partner of the defendant in the business of selling agricultural implements; and as such special partner he had contributed to the capital of the partnership the sum of $15,-000. On the 1st day of January, 1879, an account then taken of the assets and condition of the partnership showed his interest therein to be the sum of $17,908. On the 17th day of July thereafter he made and published his will, in which he nominated' his partner, Beeves, and the defendant Harris as his executors; and he died on the 6th day of September, 1879. The…

2Cases cited1 opinion

  1. King v. . TalbotNew York Court of Appeals · 1869

3Cited by16 opinions

  1. In re DoelgerAppellate Division of the Supreme Court of the State of New York · 1938
  2. Thorn v. de BreteuilAppellate Division of the Supreme Court of the State of New York · 1903
  3. Merchants Loan & Trust Co. v. Northern Trust Co.Illinois Supreme Court · 1911
  4. In re the Probate of the Will of vom SaalNew York Surrogate's Court · 1913
  5. In re the Judicial Settlement of the Accounts of ReedAppellate Division of the Supreme Court of the State of New York · 1899

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