Lord v. . Hull
New York Court of Appeals
Appeal from, a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 25, 1903, affirming a judgment in favor of plaintiffs and defendant Murchison entered upon a decision of the court on trial at Special Term.
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Appeal from, a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 25, 1903, affirming a judgment in favor of plaintiffs and defendant Murchison entered upon a decision of the court on trial at Special Term. It is alleged in the complaint that in September, 1894, the plaintiffs and the defendant Hull formed a copartnership to carry on business as architects in the city of Hew York, at first for a definite period, but finally until certain work was finished, and that the time for the termination thereof was uncertain owing to the large…
1Opinion of the CourtYaks, J.
This action was brought by two copartners against the third for an accounting without a dissolution, and it is not surprising that a challenge is interposed to the jurisdiction of the court. The contract of copartnership has existed as long as the common law, and a vast amount of business has been transacted by persons working together under this relation. The law upon the subject is founded on the custom of merchants, who have thus in effect made their own law, yet we find no well-considered case which approves of such an action as the one now before us. While the novelty of an action is by…
2Cases cited3 opinions
- Traphagen v. . BurtNew York Court of Appeals · 1876
- Sanger v. . FrenchNew York Court of Appeals · 1898
- Thompson v. LoweIndiana Supreme Court · 1887
3Cited by20 opinions
- Non-Linear Trading Co. v. Braddis Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Scholastic, Inc. And Scholastic Productions, Inc. v. Robert Harris and Harris Entertainment, Inc.Court of Appeals for the Second Circuit · 2001
- Gramercy Equities Corp. v. DumontNew York Court of Appeals · 1988
- St. James Plaza v. NoteyAppellate Division of the Supreme Court of the State of New York · 1983
- Bailly v. BettiNew York Court of Appeals · 1925
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