Sterling v. . Chapin
New York Court of Appeals
Aiteal from a judgment of the Appellate -Division of the Supreme Court in the first judicial department, entered January 29, 1906, affirming a nominal judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in. the opinion.
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Aiteal from a judgment of the Appellate -Division of the Supreme Court in the first judicial department, entered January 29, 1906, affirming a nominal judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in. the opinion. The evidence being undisputed that the partnership paid out §30,110 for the benefit of the defendant and that the defendant subsequently made payments on account from time to time and charged himself with interest on the balances, it will be presumed that the indebtedness still continues.…
1Opinion of the CourtHiscock, J.
This action was brought for a partnership accounting of the affairs of the stock brokerage firm of E. S. Chapin & Co., composed of Edwin S. Chapin, the plaintiff’s testator, and his brother, the defendant. The Appellate Division by a divided vote has affirmed the action of the trial court in refusing to charge defendant with a balance of $37,078.80, shown by the partnership books to be due from him for the purchase price of a Stock Exchange seat, and the only questions involved upon this appeal arise with reference to such refusal to charge said defendant with this item.
After entry of the…
2Cited by6 opinions
- In re AtwaterCourt of Appeals for the Second Circuit · 1920
- Atwater v. GuernseySupreme Court of the United States · 1921
- McManus v. BiddisonNew York Supreme Court · 1934
- Bank of New York & Trust Co. v. SnedekerNew York Supreme Court · 1939
- In re AtwaterCourt of Appeals for the Second Circuit · 1920
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