Kemp v. Peck
New York Supreme Court
Appeal from judgment on report of referee. Action by Oscar P. Kemp and John Kemp against Alexander D. Peck, as survivor of an alleged copartnership of Alexander D. Peek and George A. Peck, George A. having died.
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Appeal from judgment on report of referee. Action by Oscar P. Kemp and John Kemp against Alexander D. Peck, as survivor of an alleged copartnership of Alexander D. Peek and George A. Peck, George A. having died. The complaint alleges that the plaintiffs were copartners, and that as such they sold the goods charged in the complaint to George A. Peek and A. D. Peck at their special instance and request, but does not in terms allege that they were partners; alleges the death of George A. Peck before the commencement of this action. The defendant denies each and every allegation of the complaint,…
1Opinion of the CourtMayham, J.
The referee found in this case, upon the conflicting evidence as to the existence of a copartnership between Alexander D. Peck and George A. Peck, that they were not, at any time during the accruing of the account on which this action was brought, copartners. There is certainly evidence to support this finding, and sufficient, we think, to uphold it. The evidence on this subject may be regarded as somewhat equally balanced. But in such a case, the court, on appeal, will not interfere with the finding of the trial court, upon the well-settled and sound rule that the jury or referee, required…
2Cases cited2 opinions
- Lockwood v. . ThorneNew York Court of Appeals · 1854
- Towsley v. DenisonNew York Supreme Court · 1866
3Cited by1 opinion
- Beach v. KidderNew York Supreme Court · 1889