Kehr v. Stauf
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the report of a referee. The action was brought for a dissolution of copartnership and an accounting. The facts are stated in the opinion. From the judgment entered upon the report of the referee by whom the action was tried, the plaintiff appealed.
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Appeal from a judgment of this court entered upon the report of a referee. The action was brought for a dissolution of copartnership and an accounting. The facts are stated in the opinion. From the judgment entered upon the report of the referee by whom the action was tried, the plaintiff appealed. In an appeal from the judgment entered upon the report of a referee, the whole question of the weight of the evidence is before the General Term, and it is its duty to take the responsibility of examining the evidence and determining the facts for itself. And when, as in the case at bar, any…
1Opinion of the CourtJ. F. Daly, J.
The principal issue of fact in this case is, whether the parties were to share equally in the profits of the business, or proportionately to the capital each contributed. The referee has found that the copartnership ■ agreement was that the profits were to be equally divided. This agreement was not in writing, and the plaintiff and defendant, the sole witnesses to it, contradict each other. Where the determination of the issue depends upon the credibility of the witnesses the General Term is not disposed to disturb the decision of the referee (Quineey v. Young, 5 Daly 335, 338; Ellis v. Howe…
2Cases cited4 opinions
- Boyd v. ColtNew York Supreme Court · 1860
- Quincey v. YoungNew York Court of Common Pleas · 1874
- Molloy v. New York Central & Hudson River RailroadNew York Court of Common Pleas · 1882
- Monell v. MarshallNew York Court of Common Pleas · 1863
3Cited by3 opinions
- Stevens v. TraskNew York Court of Common Pleas · 1892
- O'Brien v. McManusNew York Court of Common Pleas · 1885
- In re the Accounting of PoolNew York Court of Common Pleas · 1894