Williams v. Williams
New York Supreme Court
Appeal from special term, New York county. Action by Fielding L. Williams against Lucy E. Williams, as administratrix of David W. Williams, deceased. Plaintiff appeals from an interlocutory judgment dismissing the complaint upon a demurrer by him to the answer. For the opinion of the special term, see 11 N. Y. Supp. 753.
1Opinion of the CourtBrady, J.
The plaintiff alleged that during his life-time, and for some time prior to the 31st of December, 1873, David Williams, deceased, was his copartner; that on the 31st of December, 1873, the firm was dissolved by mutual consent, and an accounting had between them, on which it was found that the deceased partner was indebted to the plaintiff in the sum of $25,492.26, and then follows this allegation: “(3) That on or about the 10th day of February, 1874, in consideration of a release in writing of said indebtedness, which plaintiff executed and then and there delivered to him, the said David W.…
2Cases cited4 opinions
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Kernochan v. . MurrayNew York Court of Appeals · 1888
- Davis v. . BechsteinNew York Court of Appeals · 1877
- Potter v. . ElliceNew York Court of Appeals · 1872
3Cited by1 opinion
- Portland Co. v. HallNew York Supreme Court · 1904