Campbell v. Campbell
New York Court of Common Pleas
Appeal from special term. Action by Mary Campbell, administratrix of John Campbell, a deceased partner, plaintiff, against Bernard Campbell, defendant, surviving member of the firm, for an accounting, and to recover the value of the deceased partner’s interest in the copartnership assets. From a judgment for defendant, dismissing thexomplaint, plaintiff appeals.
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Appeal from special term. Action by Mary Campbell, administratrix of John Campbell, a deceased partner, plaintiff, against Bernard Campbell, defendant, surviving member of the firm, for an accounting, and to recover the value of the deceased partner’s interest in the copartnership assets. From a judgment for defendant, dismissing thexomplaint, plaintiff appeals. Code Civil Proc. 2T. Y. §§ 1022, 1023, provide that “ the decision of the court * * * upon the trial of the whole issue of fact must state separately the facts found.” “Before the decision * * * the attorney for either party may…
1Opinion of the CourtBischoff, J.
Upon the death of John Campbell, the defendant, as the surviving member of the firm of John Campbell & Co., became entitled to the possession of the copartnership assets and effects for the purpose of closing up its affairs, subject, however, to the right of the personal representative of the deceased partner to demand an accounting, and to have paid or delivered to her the share to which such deceased partner would have been entitled after the discharge of all partnership liabilities and obligations. Story, *166Partn. § 344; Evans v. Evans, 9 Paige, 178; Stewart v. Robinson, 115 N. Y. 328, 343,…
2Cases cited5 opinions
- Caswell v. . HazardNew York Court of Appeals · 1890
- Stewart v. . RobinsonNew York Court of Appeals · 1889
- Evans v. EvansNew York Court of Chancery · 1841
- Blake v. BarnesNew York Supreme Court · 1890
- Beste v. BurgerNew York Court of Common Pleas · 1885
3Cited by2 opinions
- Peirce v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1915
- Steubing v. N. Y. Elevated RailroadNew York Court of Appeals · 1893