Gilmore v. . Ham
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made September 13,1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought in 1890 for an accounting and contribution between partners. The facts, so far as material, are stated in the opinion. The Statute of Limitations is no defense in this case.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made September 13,1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought in 1890 for an accounting and contribution between partners. The facts, so far as material, are stated in the opinion. The Statute of Limitations is no defense in this case. (Riddle v. Whitehill, 135 U. S. 621 ; Gray v. Green, 125 N. Y. 203, 208 ; Purdy v. Sistare, 2 Hun, 126 ; Angell on Lim. §§ 166, 167, 178 ; Drake v.…
1Opinion of the CourtPinch, J.
Under what circumstances and from what date the Statute of Limitations runs in favor of a liquidating partner as against the retiring partner sueing for an accounting and payment of his share, is the question presented on this appeal. That it is a troublesome and perhaps difficult inquiry is obvious from the varying and shifting circumstances upon which it may arise, and still more from a study of the conflicting-decisions which have striven by very different methods to-reach a definite solution of the problem. That it has some degree of importance and should be determined carefully is…
2Cases cited7 opinions
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Miner v. . BeekmanNew York Court of Appeals · 1872
- Riddle v. WhitehillSupreme Court of the United States · 1890
- Loder v. . HatfieldNew York Court of Appeals · 1877
- Hammond v. HammondSupreme Court of Georgia · 1856
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3Cited by71 opinions
- Peterson v. TeodosioOhio Supreme Court · 1973
- Russell v. ToddSupreme Court of the United States · 1940
- Woolley v. . StewartNew York Court of Appeals · 1918
- Ford v. . ClendeninNew York Court of Appeals · 1915
- Wrightson v. DoughertyCalifornia Supreme Court · 1936
66 more not listed; retrieve them via the Exa API.