Legal Opinion

Davenport v. Morrissey

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1897PublishedCited by 2 opinions

Appeal by ibhe plaintiff, William B. Davenport, public administrator of Kings county, as administrator, etc., of. Michael J. Carry, deceased, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk' of the county of Kings-on the. 28th day of October, 1896, upon the report of a referee, to-whom a claim against the estate of his1 intestate was referred.

1Opinion of the Court

Cullen, J.:

The plaintiff represents the estate of Michael J. Garry, deceased the defendants that of Thomas Garry, deceased. On May 1,1889, Thomas and Michael J. Garry entered into the following agreement of copartnership:

“Articles of copartnership made and entered into at the city of New York on the first day of May, eighteen hundred and eighty-nine, between Thomas Garry, of the city of New York, party of the first part, and Michael J. Garry, of the city of Brooklyn, party of the second part, witnesseth:
“That the said parties have entered into, and hy these presents do enter into, a…

2Cases cited2 opinions

  1. McCluskey v. . CromwellNew York Court of Appeals · 1854
  2. People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883

3Cited by2 opinions

  1. Warrin v. WarrinAppellate Division of the Supreme Court of the State of New York · 1915
  2. Fernschild v. D. G. Yuengling Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1897

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