Sterling v. Chapin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Albert K. Chapin, individually and as an executor, etc., of Edwin S. Chapin, deceased, 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 10th day of November, 1904, upon an order bearing date the 4th day of November, 1904, entered in said clerk’s office overruling the defendant’s exceptions to the report of the referee theretofore appointed herein, and confirming said…
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Appeal by the defendant, Albert K. Chapin, individually and as an executor, etc., of Edwin S. Chapin, deceased, 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 10th day of November, 1904, upon an order bearing date the 4th day of November, 1904, entered in said clerk’s office overruling the defendant’s exceptions to the report of the referee theretofore appointed herein, and confirming said report, with notice of an intention to'bring up for review upon such appeal an interlocutory judgment entered in said…
1Dissent
Laughlin, J. (dissenting):
The plaintiff’s testator, Edwin S. Chapin, and the defendant Albert K. Chapin were brothers and copartners in business as stockbrokers from the year 1886 until the 1st day of May, 1896, when the firm was dissolved by mutual consent. Edwin S. Chapin died on the 3d day of September, 1901, and this action is brought by one of his executors against the surviving partner, who is also an executor, both individually and as executor, for a copartnership accounting. The only material allegation of the complaint put in issue by the answer was an allegation that the…
2Cases cited7 opinions
- Rosseau v. . RoussNew York Court of Appeals · 1904
- Grierson v. . MasonNew York Court of Appeals · 1875
- Gray v. . GreenNew York Court of Appeals · 1894
- Bray v. O'RourkeAppellate Division of the Supreme Court of the State of New York · 1903
- Medical College Laboratory v. New York UniversityNew York Court of Appeals · 1904
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