Melville v. . Kruse
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 25, 1902, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The agreement of June 16, 1899, was void for want of consideration.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 25, 1902, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The agreement of June 16, 1899, was void for want of consideration. (Vanderbilt v. Schreyer, 91 N. Y. 392 ; Carpenter v. Taylor, 164 N. Y. 171 ; McCreery v. Day, 119 N. Y. 1 ; Butler v. Prentiss, 158 N. Y. 49 ; Tate v. Williamson, L. R. [2 Ch. App.] 55 ; Emery v. Wilson, 79 N.…
1Opinion of the Court
. Werner, J.
This action was brought for the dissolution of a copartnership and for an accounting. The copartnership was formed February 6th, 1899, underwritten articles of agreement which provided, among other things, that the compact should continue until May 1st, 1900, unless sooner dissolved under another provision giving either party the right to terminate the arrangement, upon giving to the other party twenty days’ notice in writing of the election to terminate. Article XI of the contract provided for an accounting at the termination of the copartnership; for the payment of débts; for…
2Cases cited3 opinions
- Hamer v. . SidwayNew York Court of Appeals · 1891
- Willetts v. . the Sun Mutual Ins. Co.New York Court of Appeals · 1871
- Emery v. . WilsonNew York Court of Appeals · 1879
3Cited by5 opinions
- Holt v. FeigenbaumNew York Court of Appeals · 1981
- Formica Construction Co. v. MillsCivil Court of the City of New York · 2005
- Stone v. DemarestAppellate Terms of the Supreme Court of New York · 1916
- Nahoum v. Slocum, Avram & Slocum Trading Co.Appellate Terms of the Supreme Court of New York · 1920
- Weiss v. JosiasCity of New York Municipal Court · 1916