Barbeau v. Picotte
New York Supreme Court
Action by Joseph Barbean against Kelson Picotte. Defendant appeals from a judgment for plaintiff, on trial by a referee.
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Action by Joseph Barbean against Kelson Picotte. Defendant appeals from a judgment for plaintiff, on trial by a referee. The complaint alleged that from the 5th day of February, 1885, to the 2d day of September, 1887, plaintiff and defendant were copartners in the business of buying and selling horses, and that, at the time of entering into the copartnership, it was agreed that the plaintiff was to furnish stable room and feed and care for the horses bought, and that the defendant was to pay the plaintiff therefor 35 cents per day for each horse; and alleged that keeping of horses under such…
1Opinion of the CourtMayham, J.
The appellant’s main contention is that the subject-matter of this action was a partnership transaction involving an accounting between partners, and that, as no accounting was asked for, and the action was prosecuted purely as an action at law, the plaintiff could not recover on that form. Heither the complaint nor answer necessarily shows that an accounting between the parties as copartners is required or expected in this action, nor do the pleadings on either side ask for an accounting as such; but it is insisted by the appellant that, as the claim arose out of alleged copartnership…
2Cases cited10 opinions
- Dobson v. . PearceNew York Court of Appeals · 1854
- Wheelock v. . LeeNew York Court of Appeals · 1878
- Bradley v. . AldrichNew York Court of Appeals · 1869
- Arnold v. . ArnoldNew York Court of Appeals · 1882
- Crater v. . BiningerNew York Court of Appeals · 1871
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3Cited by2 opinions
- Carlon v. RyanCity of New York Municipal Court · 1911
- Farmers State Bank v. BerglundNorth Dakota Supreme Court · 1924