Leserman v. . Bernheimer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 24, 1887, which affirmed a judgment, entered upon the report of a referee. This action was commenced May 20, 1875, by Simon Leserman against Isaac Bernheimer and .Jacob Goldsmith for the settlement of accounts growing out of partnership business theretofore carried on by plaintiff and defendants under the name of “ Oleopliene Oil Company.”
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made May 24, 1887, which affirmed a judgment, entered upon the report of a referee. This action was commenced May 20, 1875, by Simon Leserman against Isaac Bernheimer and .Jacob Goldsmith for the settlement of accounts growing out of partnership business theretofore carried on by plaintiff and defendants under the name of “ Oleopliene Oil Company.” During the pendency of the action the plaintiff died, and it was continued in the name of his executrix, Julia Leserman, and she…
1Opinion of the CourtDanforth, J.
The capital of the firm was $225,000, to which each partner contributed $75,000, under an agreement that each partner should share the profits and bear the losses equally with the others, viz., one-third each. No time was fixed for its continuance, and November 25, 1873, Leserman elected to have the business wound up, and by notice to his partners required that an account should be taken for that purpose. This was done. An account of stock was taken and balance struck as of the thirty-first day of December of that year, at which time, the referee finds, “.it was distinctly known and…
2Cited by5 opinions
- Winchester v. GlazierMassachusetts Supreme Judicial Court · 1890
- Cronk v. CrandallAppellate Division of the Supreme Court of the State of New York · 1910
- Casey v. HurleySupreme Court of Connecticut · 1932
- Dunn v. BleeckAppellate Division of the Supreme Court of the State of New York · 1936
- In re the Judicial Settlement of the Accounts of LucyNew York Surrogate's Court · 1893