Barnes v. Barnhart
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William II. Barnhart, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 19th day of November, 1904, denying the said defendant’s motion to change the place of trial of the action from the county of Westchester to the county of Erie.
1Opinion of the Court
Jenks, J.:
The plaintiff’s cause of action arises out of a written agreement for a business venture which resulted in the. purchase of lands in the city of Buffalo, of which the title was taken in the names of the plaintiff and the defendant Barnhart, who held them in trust for their benefit and that of their associates. The plaintiff and said *425defendant were to make sales from time to time and the profits were to be distributed in certain specified proportions. If the proceeds of the sales did not meet the fixed charges, taxes and expenses, then the parties were to bear them in proportion to…
2Cases cited2 opinions
- Hogg v. MackNew York Supreme Court · 1889
- Simpson v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by3 opinions
- Birmingham v. SquiresAppellate Division of the Supreme Court of the State of New York · 1910
- John H. Dair Building Construction Co. v. MayerAppellate Division of the Supreme Court of the State of New York · 1966
- Stuckey v. StuckeyNebraska Supreme Court · 1943