Neudecker v. Kohlberg
New York Court of Common Pleas
Appeal by the plaintiff from a judgment entered upon the report of a referee. The action was for á dissolution of a partnership and for a settlement of accounts between the parties as copartners.
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Appeal by the plaintiff from a judgment entered upon the report of a referee. The action was for á dissolution of a partnership and for a settlement of accounts between the parties as copartners. In April, 1867, the plaintiff and the defendant entered into copartnership, to continue two years, under articles of copartnership, which provided, inter alia, that the defendant was to contribute as capital stock $25,000, and. the plaintiff $5,000— “ the $30,000 to be used and employed in common between them for the support and management of the business, to their mutual benefit and advantage.”—It…
1Opinion of the Court
By the Court.*
Robinson, J.
The question presented is as to the rights of the parties in the copartnership assets on dissolution of the firm and after payment of the partnership debts.
It arises mainly upon a difference as to the construction of the articles of copartnership, the defendant claiming that he is entitled to be paid out of surplus assets, and before a division of profits, the sum of twenty thousand dollars excess of capital contributed by him to the common stock beyond that contributed by the plaintiff. On the trial before the referee and settlement by him of the copartnership…
2Cited by7 opinions
- In re Brooklyn Trust Co.New York Supreme Court · 1936
- McCall v. MoschowitzNew York Court of Common Pleas · 1886
- Williams v. LindblomNew York Supreme Court · 1893
- Gillespie v. GillespieNew York Supreme Court · 1924
- Butler v. BallardThe Superior Court of New York City · 1878
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