Hauptmann v. Hauptmann
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William Hauptmann ■ and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5th day of May, 1903, upon the decision of the court rendered after a trial at the New York Special Term, and also from an order entered in said clerk’s office on the 5th day of June, 1903, granting the plaintiff an extra allowance.
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Appeal by the defendants, William Hauptmann ■ and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5th day of May, 1903, upon the decision of the court rendered after a trial at the New York Special Term, and also from an order entered in said clerk’s office on the 5th day of June, 1903, granting the plaintiff an extra allowance. This action is brought to set aside a separation agreement made between the ■ plaintiff and her husband, the defendant William. Hauptmann, by the terms of which they agreed to…
1Opinion of the Court
O’Brien, J. :
It was decided by the learned judge at Special Term that the several parcels of land involved in this action were copartnership property. As the plaintiff did not appeal from this decision, she cannot contend in this court that some of the property was not partnership property. The relief which she obtained was upon an adjudication that it was all partnership property. The judge correctly said in his opinion that “ partnership real estate retains its character as realty with all the incidents of that species of property, except that *199■each share is impressed with a trust implied…
2Cases cited6 opinions
- Darrow v. . CalkinsNew York Court of Appeals · 1897
- Sage v. . ShermanNew York Court of Appeals · 1849
- Heilman v. . LazarusNew York Court of Appeals · 1882
- Coster v. ClarkeNew York Court of Chancery · 1840
- Dawson v. ParsonsNew York Supreme Court · 1894
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