Stirling v. Kelley
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Matthias J. Kelley, from an order of the Supreme Court, made at the Erie Trial Term and entered in the office of the clerk of the county of Erie on the 10th day of May, 1902, denying said defendant’s motion to set aside the verdict of a jury in favor of the plaintiff and for a new trial made upon the minutes.
1Opinion of the Court
Spring, J.:
The action is partition brought by one of the heirs at law of Patrick Kelley, deceased, intestate, for the division of several tracts of valuable real estate in the city of Buffalo.
*622The appellant, Matthias J. Kelley, a son of the decedent, answered, asserting that he and his father had been copartners in business for many years and that the real estate in question was purchased from the avails and profits of this copartnership and with the understanding that while the title was taken in the father, it was embraced within their copartnership, and that an undivided one-half thereof…
2Cases cited6 opinions
- Nay v. . CurleyNew York Court of Appeals · 1889
- Lewis v. . MerrittNew York Court of Appeals · 1885
- Sanford v. SanfordNew York Supreme Court · 1871
- Howe v. SchweinbergNew York Court of Common Pleas · 1893
- Markell v. BensonNew York Supreme Court · 1878
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