Williams v. . Hayes
New York Court of Appeals
Appeal from the Supreme Court. The complaint averred that the plaintiff and defendants entered into a partnership for the purpose of undertaking contracts for the construction of railroads: that the firm entered into a contract with the Buffalo and State Line Railroad Company, under it performed work to a large amount, but did not complete the work contracted for within the stipulated time, mainly in consequence of the inability of the corporation to obtain the right of way:…
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Appeal from the Supreme Court. The complaint averred that the plaintiff and defendants entered into a partnership for the purpose of undertaking contracts for the construction of railroads: that the firm entered into a contract with the Buffalo and State Line Railroad Company, under it performed work to a large amount, but did not complete the work contracted for within the stipulated time, mainly in consequence of the inability of the corporation to obtain the right of way: that after the expiration of the contract time, the members of the firm, other than the plaintiff, entered into a…
1Opinion of the Court
Johnson, Ch. J.
That an account between partners and a distribution among them are generally to proceed upon the basis of providing for the payment of all partnership debts and getting in all the assets is entirely settled. And if it appears in this case that this rule has been departed from against the objection of either appellant, the judgment ought to be reversed. The facts found by the referee do not disclose any such case. The finding is silent as to the existence of partnership debts, or of uncollected assets, nor is there in the case any evidence showing or tending to show the…
2Cited by7 opinions
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- Howell v. HowellOregon Supreme Court · 1915
- Decker v. O'BrienNew York Court of Common Pleas · 1895
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