Altman v. Benjamin
New York Court of Common Pleas
Appeal from a judgment of this court entered on the report of a referee. The facts were as follows: The plaintiff and the defendants had been partners in business in the city of FTew York, hut differences had arisen between them, and, on March 15th, 1872, there was pending between them an action for a dissolution of the partnership and an accounting.
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Appeal from a judgment of this court entered on the report of a referee. The facts were as follows: The plaintiff and the defendants had been partners in business in the city of FTew York, hut differences had arisen between them, and, on March 15th, 1872, there was pending between them an action for a dissolution of the partnership and an accounting. On that day (March 15th), for the purpose of settling their differences and ending the suit, they entered into an agreement which, after making provision for the other matters in dispute between ■ them, provided that the defendants should pay to…
1Opinion of the Court
Daly, Chief Justice.
The agreement was one coming under that class of cases pointed out and distinguished by Judge Allen in The President &c. of the Delaware &c. v. The Pennsylvania Coal Co. (50 N. Y. 266), as cases in which the agree*438ment which creates the liability and gives the right, qualifies it' by providing that before a right of action shall accrue, certain facts shall be determined, or amounts and values ascertained, which is made a condition precedent, by express terms, or by implication. When that is the case, the courts give full effect to the condition, and the party who would…
2Cases cited2 opinions
- United States v. RobesonSupreme Court of the United States · 1835
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
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- Anderson v. MeislahnNew York Court of Common Pleas · 1883
- Western Assur. Co. of Toronto v. DeckerCourt of Appeals for the Eighth Circuit · 1899