De Mott v. Kendrick
New York Supreme Court
Appeal from judgment on report of referee. Action by William H. De Mott against Francis M. Kendrick. From a judgment for defendant, entered in Oneida county on the report of a referee, plaintiff appeals. Modified. For former report, see 17 FT. Y. Supp. 630. The action was for an accounting between the parties as members of the firm of F. M. Kendrick & Co., and for a judicial settlement of the affairs of said copartnership.
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Appeal from judgment on report of referee. Action by William H. De Mott against Francis M. Kendrick. From a judgment for defendant, entered in Oneida county on the report of a referee, plaintiff appeals. Modified. For former report, see 17 FT. Y. Supp. 630. The action was for an accounting between the parties as members of the firm of F. M. Kendrick & Co., and for a judicial settlement of the affairs of said copartnership. The copartnership was dissolved May 9, 1889, by notice, given by plaintiff pursuant to the articles of copartnership between the parties. The parties entered into an…
1Opinion of the CourtMartin, J.
The ease as settled contains the following; “The foregoing are the minutes of all the testimony taken and proceedings had on the said trial.” An examination of the appeal book renders it quite manifest that the case as settled does not contain all the evidence given on the trial. Hone of the plaintiff’s exhibits, except the partnership agreement, are to be found in the case; nor are the defendant’s Exhibits A, B, C, D, and F set forth therein. Under the practice as it now exists, it is the duty of the appellant desiring to review questions of fact to see that the case contains a certificate…
2Cases cited5 opinions
- Porter v. . SmithNew York Court of Appeals · 1887
- Robbins v. . FullerNew York Court of Appeals · 1862
- Wellington v. Continental Const. & Imp. Co.New York Supreme Court · 1889
- Dwight v. Elmira, Cortland & Northern RailroadNew York Supreme Court · 1890
- Gillilan v. Sun Mutual InsuranceNew York Court of Appeals · 1869