Jernee v. Simonson
New Jersey Court of Chancery
On bill, answer and proofs. The bill alleges an agreement between the complainant and' defendant, whereby the defendant was to carry on a certain hotel business at Spring Lake, and turn over to the complainant periodically one-half of the profits; thát the business relation between the defendant and complainant was a partnership, still in force; and prays for an accounting and payment by the defendant to the complainant of one-half of the profits.
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On bill, answer and proofs. The bill alleges an agreement between the complainant and' defendant, whereby the defendant was to carry on a certain hotel business at Spring Lake, and turn over to the complainant periodically one-half of the profits; thát the business relation between the defendant and complainant was a partnership, still in force; and prays for an accounting and payment by the defendant to the complainant of one-half of the profits. The answer admits the agreement as stated in the bill, and that the defendant ran the business thereunder, but asserts that the agreement was fully…
1Opinion of the Court
Grey, V. C.
The first question in dispute to be disposed of is, what passed under the bill of sale, January, 1894, made by Jernee to Simon-son. It calls for the buildings on a certain lot, the goods and chattels described and a lease. It is a written contract and its terms are readily ascertained. It does not attempt to dispose of any hotel business or of any good will. The buildings and the goods and chattels are recited to be sold subject to three mortgages, the first of which was held by Ballantine & Sons. By the collateral written agreement of the same date as the bill of sale, Simonson,…
2Cases cited3 opinions
- Seabury & Johnson v. BollesSupreme Court of New Jersey · 1888
- Stanford v. StanfordNew Jersey Court of Chancery · 1917
- Wolcott v. WaldsteinNew Jersey Court of Chancery · 1916
3Cited by4 opinions
- Fee v. McPhee Co.California Court of Appeal · 1916
- Coombs v. CommissionerUnited States Board of Tax Appeals · 1930
- Freeman v. SullivanCalifornia Court of Appeal · 1927
- Coombs v. CommissionerUnited States Board of Tax Appeals · 1930