Rauch v. Donovan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Gretchen Bauch, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 9th day of November, 1906, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Laughlin, J.:
This is a suit in equity for an accounting concerning the premises Nos. 109 and 111 West One Hundred and Third street in the borough of Manhattan, New York, and for a sale thereof and the division of the surplus profits between the parties. The theory of the action is that Cornelius J. Donovan, the husband of the defendant, took title to the premises in trust under a copartnership agreement, or an agreement for a joint venture between him and the plaintiff, by which he was to carry and 'sell the premises and divide the surplus proceeds equally between them. Donovan obtained title…
2Cases cited10 opinions
- Chester v. . DickersonNew York Court of Appeals · 1873
- King v. . BarnesNew York Court of Appeals · 1888
- Grafton v. CummingsSupreme Court of the United States · 1879
- Wahl v. . BarnumNew York Court of Appeals · 1889
- Mentz v. . NewwitterNew York Court of Appeals · 1890
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3Cited by3 opinions
- Edgcomb v. CloughSupreme Court of Pennsylvania · 1922
- Davis v. DavisNew York Supreme Court · 1924
- Weisner v. BenensonAppellate Division of the Supreme Court of the State of New York · 1949