Randall v. . Randall
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made Rovember 17, 1884, which affirmed an order of Special Term setting aside .a verdict, and granting a new trial. The nature of the action and the facts are sufficiently stated in the opinion. The order is appealable to this court.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made Rovember 17, 1884, which affirmed an order of Special Term setting aside .a verdict, and granting a new trial. The nature of the action and the facts are sufficiently stated in the opinion. The order is appealable to this court. (Codé, §§ 190, 191,) The duty of granting or refusing a new trial, under section 999 of the Code, being one resting largely in the discretion of the judge presiding, his decision is not reviewable here and the appeal should be dismissed. (McKeever v. Weyer, 11 Week. Dig.…
1Opinion of the CourtBradley, J.
The action is equitable in character, and was brought to obtain a dissolution of partnership alleged to exist between the parties and for an accounting. The defendant, by his answer, alleged that he had sold his interest in the firm property to the plaintiff for the sum of $500 in settlement of all partnership matters, of which sum he was paid by the latter $200, and demanded judgment for the balance, $300 and interest. The plaintiff, by his reply, put such alleged claim in issue, and the questions of fact, whether the defendant did make such sale to the plaintiff, and the latter agreed to…
2Cases cited4 opinions
- Wright v. . HunterNew York Court of Appeals · 1871
- Vermilyea v. . PalmerNew York Court of Appeals · 1873
- Lansing v. . RussellNew York Court of Appeals · 1850
- Clarke v. BrooksNew York Court of Appeals · 1867
3Cited by6 opinions
- Wintermute v. CarnerWashington Supreme Court · 1894
- Zimmerman v. KitzanNorth Dakota Supreme Court · 1950
- Whitney v. WhitneyNew York Supreme Court · 1894
- McGraw v. Bank of RichmondvilleAppellate Division of the Supreme Court of the State of New York · 1933
- Cantoni v. ForsterThe Superior Court of New York City · 1895
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