Keenan v. O'Brien
New York Supreme Court
I. Appeal from an order denying a motion to vacate an ex parte order for the examination of a defendant before-trial and continuing that order. John Keenan brought this action against John O’Brien and Hem an Clark to obtain an accounting and dissolution of a co-partnership alleged to exist between the plaintiff and. the defendants.
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I. Appeal from an order denying a motion to vacate an ex parte order for the examination of a defendant before-trial and continuing that order. John Keenan brought this action against John O’Brien and Hem an Clark to obtain an accounting and dissolution of a co-partnership alleged to exist between the plaintiff and. the defendants. The plaintiff obtained an order for the examination before trial of the defendant Clark, and thereupon the defendants moved to set aside the order, which motion was denied.. From the order denying the motion the defendants-appealed to the general term.
1Opinion of the CourtVan Brunt, P. J.
The complaint in this action alleges-*65that in April, 1885, the plaintiff and defendants duly made an agreement to form a co-partnership in respect to certain contracts; that said co-partnership business was entered upon and has ever since continued to be carried on by the plaintiff and defendants in pursuance of and under said agreement; that said co-partnership has made large profits, whereof the plaintiff is entitled to one-sixth ; that the defendants have exclusive possession of the books of said co-partnership and have not allowed the plaintiff access thereto; that the defendants have not…
2Cases cited4 opinions
- Jenkins v. . PutnamNew York Court of Appeals · 1887
- Rogers v. RogersNew York Supreme Court · 1832
- Ring v. MottThe Superior Court of New York City · 1850
- Wainwright v. LowNew York Supreme Court · 1888