Waite v. Aborn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Milton Aborn, from an interlocutory judgment of - the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Dutchess on the 10th day of November, 1900, upon the decision of the court rendered after a trial at the Dutchess Special Term overruling a demurrer to the complaint.
1Opinion of the Court
Jenks, J.:
This is an appeal from an interlocutory judgment overruling a demurrer alleging that the complaint does not state facts sufficient to constitute a cause of action. The plaintiff seeks a dissolution of a partnership. The'action was begun on Hay 26, 1900. These facts are established : Plaintiff and defendant entered into partnership on March 26, 1900, for a term of five years, to conduct the business of “ making productions of operas, extravaganzas, and for general amusement purposes.” The plaintiff was to be business manager and the defendant was to be stage manager and director. The…
2Cases cited3 opinions
- Kain v. . LarkinNew York Court of Appeals · 1894
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Holladay v. ElliottOregon Supreme Court · 1879
3Cited by2 opinions
- Budd v. Howard Thomas Co.New York Supreme Court · 1903
- Cullinan v. Fidelity & Casualty Co.New York Supreme Court · 1903