Buckley v. . Doig
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 10, 1906, affirming a judgment entered upon the report of a referee "which determined the respective claims of the personal representatives and heirs at law of Robert McCafferty, deceased, to the latter’s interest in certain copartnership real estate. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 10, 1906, affirming a judgment entered upon the report of a referee "which determined the respective claims of the personal representatives and heirs at law of Robert McCafferty, deceased, to the latter’s interest in certain copartnership real estate. The facts, so far as material, are stated in the opinion. No out and out conversion of the real property was ever effected. No express agreement for a conversion is claimed. The facts do not warrant the application of the…
1Opinion of the CourtHiscock, J.
This action was brought to effect a settlement of the affairs of a copartnership composed of plaintiff and one Robert McOafferty, deceased, and especially to procure a sale and distribution of the proceeds of a number of parcels of real estate which belonged to said copartnership at the time of the death of McOafferty.
The only substantial issue involved is Avhether said real estate is to be regarded as having been so converted for all purposes into personalty that the share of the deceased partner therein after payment of copartnership debts and adjustment of equities between the copartners…
2Cases cited12 opinions
- Chester v. . DickersonNew York Court of Appeals · 1873
- Buchan v. SumnerNew York Court of Chancery · 1847
- Fairchild v. . FairchildNew York Court of Appeals · 1876
- Darrow v. . CalkinsNew York Court of Appeals · 1897
- Buckley v. BuckleyNew York Supreme Court · 1850
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3Cited by11 opinions
- Schleissner v. GoldstickerAppellate Division of the Supreme Court of the State of New York · 1909
- In re the Estate of HavemeyerNew York Court of Appeals · 1966
- Weisinger v. RaeNew York Supreme Court · 1959
- In re the Estate of DumarestNew York Surrogate's Court · 1933
- In re the Estate of HavemeyerNew York Surrogate's Court · 1964
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