Deering v. . Metcalf
New York Court of Appeals
Appeal from a judgment of the General Term, of the Supremo Court, affirming a judgment in favor of defendant, entered upon the report of a referee. This was an action for the settlement of partnership accounts. Prior to May 27, 1871, the parties had been co-partners in the lumber business, and in operating a planing-mill.
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Appeal from a judgment of the General Term, of the Supremo Court, affirming a judgment in favor of defendant, entered upon the report of a referee. This was an action for the settlement of partnership accounts. Prior to May 27, 1871, the parties had been co-partners in the lumber business, and in operating a planing-mill. On that day they entered into an agreement, the material portion of which is as follows : “ For the purpose of disposing of the joint stock of the firm of Metcalf & Dering, as detailed in the inventory thereof completed on the 22d or 23d of the present month, we hereby agree…
1Opinion of the CourtFolger, J.
This is an action for the settlement of partnership accounts. There is no contest in this court over any item thereof but two. The first of those was allowed by the referee, upon the testimony of the defendant, and upon that alone.
The exceptions taken by the plaintiff are all to the conclusions of law of the referee ; and the point made here, upon the item last above spoken of, is that there is no testimony to sustain it. As we have said, there was testimony, but from the defendant alone. But it appears from the record that the defendant was contradicted in what he testified to on other…
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