Legal Opinion

Bogardus v. Reed

Appellate Division of the Supreme Court of the State of New York

Decided January 21, 1914PublishedCited by 1 opinion

Appeal by the defendants, Stewart R. Reed and others, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Grreene on the 26th day of February, 1913.

1Opinion of the Court

Smith, P. J.:

The property by this judgment partitioned was originally owned by three parties, Hamilton, Smith and O’Connor, who also owned a ferry boat crossing the Hudson river. This property consists of the docks at which this ferry lands upon the two sides of the river and appurtenant land. The parties above named have all died and their interests in the lands and ferry boat have passed to the heirs and devisees or legatees, who have all suffered the business to continue, each receiving his share of the profits from year to year. That this constitutes a partnership cannot be doubted. This…

2Cases cited2 opinions

  1. Darrow v. . CalkinsNew York Court of Appeals · 1897
  2. MacFarlane v. MacFarlaneNew York Supreme Court · 1894

3Cited by1 opinion

  1. Smith v. MaineNew York Supreme Court · 1932

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