Adams v. . Morrison
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made November 24, 1886, which affirmed a judgment entered upon a decision of the court dismissing the complaint. The nature of the action and the facts are sufficiently stated in the opinion. A partnership existed between plaintiff and defendant’s intestate.
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Appeal from, judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made November 24, 1886, which affirmed a judgment entered upon a decision of the court dismissing the complaint. The nature of the action and the facts are sufficiently stated in the opinion. A partnership existed between plaintiff and defendant’s intestate. (2 H. B. L. 235; 1 Smith’s L. C. 974, 1180; Colyer Part. § 2; 3 Kent’s Com. 23, 24; 3 Harrison, 485; 10 Me. 489.) That a partnership existed may be proved, in the absence of a distinct contract, verbal or written, by…
1Opinion of the CourtEarl, J.
This action was commenced by the plaintiff to establish that a copartnership existed between him and his father, Henry Adams, from 1841 to the decease of the latter in 1875, in the practice of the law in the county of Montgomery, and for an accounting in reference to such copartnership. The trial judge found that the plaintiff and Henry Adams never carried on any business as copartners, and therefore dismissed the complaint. We think there was ample evidence to sustain the finding. There were no written articles of copartnership. There was no evidence that, during the many years which the…
2Cases cited3 opinions
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