Appleby v. . Brown
New York Court of Appeals
Appeal from the Supreme Court. In the spring of 1845, the plaintiff, and one White, and the defendants’ testator, Yan Winkle, entered into a partnership in the city of Buffalo. The terms of the co-partnership were that the plaintiff was to furnish all the goods the other two members of the firm could sell at Buffalo.
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Appeal from the Supreme Court. In the spring of 1845, the plaintiff, and one White, and the defendants’ testator, Yan Winkle, entered into a partnership in the city of Buffalo. The terms of the co-partnership were that the plaintiff was to furnish all the goods the other two members of the firm could sell at Buffalo. White and Yan Winkle were to have the active charge of the business of the firm, and to render their services in its management; and, in consideration thereof, they were to receive one-half of the profits of the business, ■ to be equally divided between them, and the plaintiff…
1Opinion of the CourtDavies, J.
The right of action had accrued before the adoption of the Code of Procedure, and the statutes in force at the time it accrued (in October, 1846) are applicable and must govern in the disposition of this case (§ 73 of the Code). We must, therefore, recur to the provisions of law existing at that time. The plaintiff, seeking to enforce his .rights, must have resorted either to an action at law or to a suit in equity. If the former, then the appropriate and only action, which could have been invoked, was that of account, as known and recognized at common law. Upon the assumption that the…
2Cited by5 opinions
- Fisher v. Mayor of New YorkNew York Court of Appeals · 1876
- Parks v. SatterthwaiteIndiana Supreme Court · 1892
- Brooks v. CampbellSupreme Court of Kansas · 1916
- Martin v. . StoddardNew York Court of Appeals · 1891
- In re State Reservation at NiagaraNew York Supreme Court · 1884