Bantes v. Brady
New York Supreme Court
The suit was commenced for the purpose of dissolving a copartnership and settling its affairs. Some of the defendants denied the existence of the copartnership and took issue upon certain other facts. The cause was referred to a referee to hear and decide the issues of fact and report thereon. The parties met before the referee End put in their testimony touching the existence of the partnership.
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The suit was commenced for the purpose of dissolving a copartnership and settling its affairs. Some of the defendants denied the existence of the copartnership and took issue upon certain other facts. The cause was referred to a referee to hear and decide the issues of fact and report thereon. The parties met before the referee End put in their testimony touching the existence of the partnership. The defendants’ counsel then moved for a dismissal of the complaint on the ground that no partnership was proved. This motion having been argued at length was taken into consideration and afterwards…
1Opinion of the Court
Barculo, Justice.
This is an equitable suit, to which the rules applicable to common law proceedings cannot be conveniently applied. The cause was improperly referred generally, instead of being referred to enquire into a specific fact; but the parties, in some degree, remedied the mistake by adopting the natural order of things in taking their proof, and having the question of the existence of the copartnership first determined. The referee was undoubtedly correct in reporting upon the issue thus submitted to him, before proceeding to further evidence, whether the. parties consented to that…
2Cited by3 opinions
- Cartier v. WilliamAppellate Division of the Supreme Court of the State of New York · 1907
- In re GinsburgNew York Supreme Court · 1944
- Hathaway v. RussellThe Superior Court of New York City · 1880