Legal Opinion

Slater v. . Slater

New York Court of Appeals

Decided May 12, 1903PublishedCited by 51 opinions

Cross-appeals, by permission, from a judgment entered February 14, 1903, upon an order of the Appellate Division of the Supreme Court in the first judicial department, modifying and affirming as modified an interlocutory judgment in an action for a partnership accounting, entered upon a decision of the court on trial at Special Term. The facts, so far as material, and the questions certified are stated in the opinion. The firm name constitutes part of the good will.

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Cross-appeals, by permission, from a judgment entered February 14, 1903, upon an order of the Appellate Division of the Supreme Court in the first judicial department, modifying and affirming as modified an interlocutory judgment in an action for a partnership accounting, entered upon a decision of the court on trial at Special Term. The facts, so far as material, and the questions certified are stated in the opinion. The firm name constitutes part of the good will. (Pollock on Part. art. 39; George on Part. 412; 2 Lindley on Part. 445; Allan on Good Will, 81; 2 Bates on Part. § 672; 1…

1Opinion of the CourtO’Brien, J.

This appeal presents a question of some novelty and considerable importance. It does not seem to have been passed upon directly by this court, at least in the form in which it is now presented. Counsel upon both sides have bestowed upon the question a very thorough examination, and it is quite apparent from the briefs that they have found a wide field in which industrious research has discovered a wealth of learning that has more or less application. It is quite clear that the numerous authorities cited are not all in harmony, and it would be an endless task to collate them so as to exhibit…

2Cases cited5 opinions

  1. Gay v. . SeiboldNew York Court of Appeals · 1884
  2. Snyder Manufacturing Co. v. SnyderOhio Supreme Court · 1896
  3. Myers v. Kalamazoo Buggy Co.Michigan Supreme Court · 1884
  4. Rogers v. TaintorMassachusetts Supreme Judicial Court · 1867
  5. Fenn v. BollesThe Superior Court of New York City · 1858

3Cited by51 opinions

  1. In Re the Accounting of BrownNew York Court of Appeals · 1926
  2. Lindemann v. RuskWisconsin Supreme Court · 1905
  3. Joseph v. . HerzigNew York Court of Appeals · 1910
  4. Lawyers Title Ins. Co. v. Lawyers Title Ins. CorporationCourt of Appeals for the D.C. Circuit · 1939
  5. In re the Judicial Settlement of the Account of SilkmanAppellate Division of the Supreme Court of the State of New York · 1907

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