London v. Meryash
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Louis Meryash, from an order of the •Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 24th day of March, 1909, appointing a referee herein, and also from an order entered in said clerk’s office on the 31st day of March, 1909, appointing a second referee because of the inability of the one first appointed to act.
1Opinion of the Court
McLaughlin, J.:
Plaintiff and defendant were copartners and on the 20th of March, 190.7, entered into an agreement dissolving the partnership. This action is brought for an accounting and to compel the fore*324closure of a mortgage given by the defendant and the cancellation of a mortgage given by the plaintiff to a trustee' pursuant to the agreement. After issue had been joined the plaintiff, against the objection of the defendant, obtained an order referring the issues. Defendant appeals and the plaintiff seeks to sustain the order upon the ground' that the right to an accounting is admitted by…
2Cases cited1 opinion
- Gibson v. WidmanAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- H. A. V. Post v. Van SiclenAppellate Division of the Supreme Court of the State of New York · 1909
- E. Clemens Horst Co. v. StockerAppellate Division of the Supreme Court of the State of New York · 1909
- Charrier v. JacobsonNew York Supreme Court · 1949