Walsh v. Walsh
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by Elizabeth Walsh, executrix, against Augustin Walsh. From an order denying defendant’s motion to vacate an order allowing plaintiff to discontinue the action on payment of costs, defendant appeals.
1Opinion of the CourtWoodward, J.
The defendant and his brother, Thomas Walsh, were for several years partners in the business of constructing piers, .docks, etc. On the 16th of September, 1895, Thomas Walsh died, leaving a will, in which the plaintiff was named as sole executrix. On the theory that she was entitled to a larger share of the co-partnership property than the defendant was willing to allow her, the plaintiff commenced this action, the points in controversy being shown in the complaint and answer. The action progressed to a point where a referee was named to hear and determine, when the plaintiff decided that it…
2Cases cited9 opinions
- Winans v. . WinansNew York Court of Appeals · 1891
- Matter of Petition of ButlerNew York Court of Appeals · 1886
- Carleton v. . DarcyNew York Court of Appeals · 1878
- Matter of LasakNew York Court of Appeals · 1892
- In Matter, Etc., Waverly Water-Works Co.New York Court of Appeals · 1881
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3Cited by1 opinion
- Janssen v. WhitlockAppellate Division of the Supreme Court of the State of New York · 1901