Donnelly v. McArdle
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Patrick J. McArdle, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of November, 1911, upon the report of a referee, with notice of an intention to bring up for review an interlocutory judgment entered in said clerk’s office on the 30th day of June, 1908, upon the decision of the court rendered after a trial at the New York Special Term, and also the…
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Appeal by the defendant, Patrick J. McArdle, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of November, 1911, upon the report of a referee, with notice of an intention to bring up for review an interlocutory judgment entered in said clerk’s office on the 30th day of June, 1908, upon the decision of the court rendered after a trial at the New York Special Term, and also the order of the Supreme Court contained in said final judgment in so far as said order overrules the defendant’s exceptions to…
1Opinion of the Court
McLaughlin, J.:
Action between partners to have an instrument purporting to be a bill of sale given by the plaintiff to the, defendant of his interest in the partnership assets set aside and for the dissolution of the partnership and an accounting.
The partnership was formed in April, 1887, for the purpose of dealing in scrap iron, and on November 7, 1889, the instrument referred to was executed and delivered, but the firm was thereafter continued until March 18, 1891, when the defendant forcibly took possession of all of the assets and thereafter carried on the business to the exclusion of the…
2Cases cited1 opinion
- Donnelly v. McArdleAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Haight v. PotterAppellate Division of the Supreme Court of the State of New York · 1919