Wells v. Wells
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Schuyler C. Wells, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Genesee upon the report of the referee, and also from an order of the Supreme Court, made at the Erie Special Term, bearing date the 4th day of February, 1896, and entered in the office of the clerk of the county of Genesee, confirming said report.
Read the full summary
Appeal by the defendant, Schuyler C. Wells, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Genesee upon the report of the referee, and also from an order of the Supreme Court, made at the Erie Special Term, bearing date the 4th day of February, 1896, and entered in the office of the clerk of the county of Genesee, confirming said report. The parties to this action were the owners, as co-partners, of a steamboat named the Shiloh, Avhich they were engaged in running upon Silver lake, in this State. The co-partnership Avas…
1Opinion of the Court
Adams, J.:
All the material allegations of the complaint were virtually admitted by the answer of the defendant Wells, save the one relating to the interests of the two brothers in the boat Shiloh.
Upon the assumption that no error was committed by the learned referee in the admission of evidence at the trial, he was clearly justified in his finding of fact that the defendant Wells had parted with his interest in the boat in question, and that the plaintiff was the 'owner of an undivided one-lialf interest therein. Indeed, the evidence preponderates so clearly in favor of the plaintiff’s…
2Cases cited5 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Wheeler v. . BillingsNew York Court of Appeals · 1868
- Monell v. LawrenceCourt for the Trial of Impeachments and Correction of Errors · 1815
- Adams v. HullNew York Supreme Court · 1845
- Fuller v. ArtmanNew York Supreme Court · 1893
3Cited by5 opinions
- Olin v. ArendtNew York Supreme Court · 1899
- Cochran v. TaylorNew York Supreme Court · 1935
- Forgotston v. CraginAppellate Division of the Supreme Court of the State of New York · 1901
- Birnbryer v. Lehman, Court of Common Pleas of Ohio, Hamilton County1916
- Reynolds v. SteinAppellate Terms of the Supreme Court of New York · 1909