Herman v. Herman
Appellate Division of the Supreme Court of the State of New York
Appeal by defendant from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of December, 1919, compelling the defendant to account in equity as plaintiff’s copartner in the business of slate, tile and marble. The copartnership name was the Herman Slate Company. Judgment affirmed, with costs. No opinion.
1Dissent
Smith, J. (dissenting):
The action is for an accounting. The defendant by answer alleges, among other things, that prior to April 24, 1916, the plaintiff, for a valuable consideration, conveyed all his rights, title and interest in the partnership business, its assets, outstanding accounts, good will and everything else thereunto belonging to the defendant. Such a bill of sale was received in evidence. The plaintiff had had trouble with his wife. She had begun an action for separation against him and in that action she had been allowed $100 for counsel fee and $25 a week alimony. In October,…
2Cases cited6 opinions
- Randall v. HowardSupreme Court of the United States · 1863
- Dent v. FergusonSupreme Court of the United States · 1889
- Wheeler v. SageSupreme Court of the United States · 1864
- Sprague v. WebbAppellate Division of the Supreme Court of the State of New York · 1915
- Landes v. HartAppellate Division of the Supreme Court of the State of New York · 1909
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