Kirkwood v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by Thomas Kirkwood against Henry M. Smith, impleaded. From an interlocutory judgment directing an accounting, defendant ctppccils
1Opinion of the CourtHirschberg, J.
When this case was before the court on appeal from an order of the special term appointing a temporary receiver, we said in the per curiam opinion delivered on the reversal *1017of such order that, “from the papers and affidavits submitted on the motion, it seems to us extremely doubtful whether any partnership relations ever existed between Mr. Kirkwood and Mr. Smith.” See Kirkwood v. Smith, 72 N. Y. Supp. 291. Since then the issues raised by the pleadings have been tried, and the present appeal is from an interlocutory judgment directing an accounting by the appellant before a referee, but…
2Cases cited4 opinions
- Arnold v. . AngellNew York Court of Appeals · 1875
- Salter v. . HamNew York Court of Appeals · 1865
- Heye v. TilfordAppellate Division of the Supreme Court of the State of New York · 1896
- Kirkwood v. SmithAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Kirkwood v. SmithAppellate Division of the Supreme Court of the State of New York · 1903