Van Bokkelen v. . Berdell
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 12, 1888, which affirmed a judgment in favor of plaintiff entered upon the report of a referee, to whom the case had been referred, to take and state an account upon an interlocutory judgment. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from, judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 12, 1888, which affirmed a judgment in favor of plaintiff entered upon the report of a referee, to whom the case had been referred, to take and state an account upon an interlocutory judgment. The nature of the action and the facts, so far as material, are stated in the opinion. It was the duty of the respondent to see that all the testimony was in this case necessary to sustain the findings of fact of the referee. (Perkins v. Hill, 56 N. Y. 87; Spence v.…
1Opinion of the CourtHaight, J.
Dnder a stipulation of the parties the interlocutory judgment is to stand, and the only questions brought up for review pertain to the accounting thereunder.
It appears that the plaintiff and defendant were copartners doing business under the firm name of Robert II. Berdell & Co.; that they dissolved on the 30th day of September, 1858, each signing the following statement entered in the books of the company: “ The undersigned have this day dissolved partnership by consent; either party will sign in settlement. Store and office furniture and fixtures, books of account, papers, etc., to be the…
2Cases cited2 opinions
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- The People v. . CrapoNew York Court of Appeals · 1879
3Cited by35 opinions
- Wallace v. StateSupreme Court of Florida · 1899
- State v. KentNorth Dakota Supreme Court · 1896
- Slater v. United StatesCourt of Criminal Appeals of Oklahoma · 1908
- People v. . CasconeNew York Court of Appeals · 1906
- Rosenstein v. . FoxNew York Court of Appeals · 1896
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