Kirkwood v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas Kirkwood, from a judgment of the Supreme Court in favor of the defendant, Henry M. Smith, entered in the office of the clerk of the county of Kings on the 16th day of July, 1902, upon the decision of the court, rendered after a trial at the Kings County Special Term, dismissing the plaintiff’s complaint upon the merits.
1Opinion of the Court
Willard Bartlett, J.:
The facts and history of this case are sufficiently set forth in the opinion written by Mr. Justice Hirschberg on a previous appeal. *412(Kirhwood v. Smith,. 72 App. Div. 429.) The new trial which was granted upon that appeal has resulted in a judgment' in favor of the defendant, based upon a decision to the effect that the plaintiff failed on the trial to establish the existence of any partnership relation between himself and Charles S. Locke, deceased; and, furthermore, that he failed to establish any such partnership relation between himself and Harry M. Smith, the…
2Cases cited3 opinions
- Salter v. . HamNew York Court of Appeals · 1865
- Kirkwood v. SmithAppellate Division of the Supreme Court of the State of New York · 1901
- Kirkwood v. SmithAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Kirkwood v. SmithNew York Supreme Court · 1905