Legal Opinion

Westwood v. Cole

New York Supreme Court

Decided January 15, 1910PublishedCited by 4 opinions

Action for an accounting.

1Opinion of the CourtMarcus, J.

This action is brought to compel an accounting of profits earned in a joint adventure, and the material facts are these:

On the 10th day of April, 1907, the parties signed this memorandum of agreement:

“ This memorandum, made April 10, 1907, is to witness that the undersigned have this day entered into a partner*54ship to put up the 1907-1908 Congressional Seed Distribution Contract, if they are awarded the bid; they are to supply the necessary capital and share in the net profits and to contribute if any losses in the following proportions among themselves, viz.: Cole 45$, Westwood 45$, Crissey…

2Cases cited9 opinions

  1. McMullen v. HoffmanSupreme Court of the United States · 1899
  2. Karrick v. HannamanSupreme Court of the United States · 1897
  3. Bagley v. . SmithNew York Court of Appeals · 1853
  4. Denver v. RoaneSupreme Court of the United States · 1879
  5. Lord v. . HullNew York Court of Appeals · 1904

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3Cited by4 opinions

  1. Devine v. MeltonAppellate Division of the Supreme Court of the State of New York · 1915
  2. Schnitzer v. JosephthalNew York Supreme Court · 1923
  3. Westwood v. CrisseyAppellate Division of the Supreme Court of the State of New York · 1910
  4. Reeves v. JordanSupreme Court of Alabama · 1916

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