Kirkwood v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Harry M. Smith, individually, etc., from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York on the 3d day of March, 1908, confirming tiie report of a referee and enjoining the defendant Rodman J. Pearson from prosecuting an action against the plaintiffs for the value of certain merchandise purchased by their testator from the firm of C. S. Locke & Smith, and also an appeal by the…
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Appeal by the defendant, Harry M. Smith, individually, etc., from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York on the 3d day of March, 1908, confirming tiie report of a referee and enjoining the defendant Rodman J. Pearson from prosecuting an action against the plaintiffs for the value of certain merchandise purchased by their testator from the firm of C. S. Locke & Smith, and also an appeal by the defendant Rodman J. Pearson from so much of said judgment as enjoins him as aforesaid. Thomas Kirkwood, the original…
1Opinion of the Court
Laughlin, J.:
On the 17th day of May, 1905, an interlocutory judgment was entered herein, pursuant to a decision of the court on the trial of the issues at Special Term, adjudging, so far. as material to a decision of the questions now presented' for review, that the plaintiff was entitled to an accounting by the defendant Smith “ with reference to all dealings and transactions between plaintiff and Charles S. Locke, now deceased, and between Charles S. Locke and the defendant Harry M. Smith, as copartners under the style of C. S. Locke & Smith, and between the plaintiff and both of said…
2Cases cited1 opinion
- Kirkwood v. SmithNew York Supreme Court · 1905
3Cited by1 opinion
- Kirkwood v. SmithAppellate Division of the Supreme Court of the State of New York · 1912