Legal Opinion

Kirkwood v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided April 24, 1903Published

Appeal from Special Term, Kings County. Action by Thomas Kirkwood against Harry M. Smith. From a judgment in favor of defendant, plaintiff appeals.

1Opinion of the CourtWillard Bartlett, J.

The facts and history of this case are sufficiently set forth in the opinion written by Mr. Justice Hirschberg on a previous appeal. Kirkwood v. Smith, 72 App. Div. 429, 75 N. Y. Supp. 1016. The new trial which was granted upon that appeal has resulted in a judgment in favor of the defendant, based upon a decision to the effect that the plaintiff failed on the trial to establish the existence of any partnership relation between himself and Charles S. Locke, deceased; and, furthermore, that he failed to establish any such partnership relation between himself and Harry M. Smith, the defendant…

2Cases cited4 opinions

  1. Salter v. . HamNew York Court of Appeals · 1865
  2. Kirkwood v. SmithAppellate Division of the Supreme Court of the State of New York · 1901
  3. Kirkwood v. SmithAppellate Division of the Supreme Court of the State of New York · 1902
  4. Kirkwood v. SmithAppellate Division of the Supreme Court of the State of New York · 1902

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