Donnelly v. McArdle
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff from a judgment of the Supreme Court, entered in the clerk’s office of the county of New York on the 21st day. of December, 1905, upon the decision of the court dismissing plaintiff’s complaint upon the merits.
1Per curiam
On a former trial the plaintiff’s complaint was dismissed, and on appeal to this court (86 App. Div. 33) the judgment was reversed as against *872the weight of evidence. On the second-trial the facts adduced .by the defendant .did not materially vary from.those Which he proved upon the first trial. ' The . plaintiff not only proved all that-he was able to establish upon the first trial, hut added new facts corroborating his contention. Amongst them was the fact that nearly a year after the alleged absolute dissolution.of-the. copartnership an action was brought by the plaintiff and defendant as…
2Cases cited1 opinion
- Donnelly v. McArdleAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Smith v. MaineNew York Supreme Court · 1932