Legal Opinion

Weston v. Turner

New York Supreme Court

Decided March 15, 1887Published

Appeal from an interlocutory judgment entered upon an. order of the Erie special term overruling a demurrer to the-complaint.

1Opinion of the CourtSmith, P. J.

This is an action in equity to obtain a judgment directing that a claim held by the plaintiffs *71against Alexander S. Turner, the appellant’s co-defendant, be set off against a judgment obtained by said Alexander against the plaintiffs herein and by him assigned to the appellant.

The complaint alleges, in substance, that in 1863, a contract of partnership was made between the plaintiffs on the one hand, and the defendant, Alexander S. Turner, and one Ross, on the other, by which the plaintiffs agreed to cut, manufacture into lumber and shingles, and sell certain timber owned by the parties in…

2Cases cited19 opinions

  1. Forgay v. ConradSupreme Court of the United States · 1848
  2. Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
  3. Jordan v. . National Shoe and Leather BankNew York Court of Appeals · 1878
  4. Acer v. . HotchkissNew York Court of Appeals · 1884
  5. Cummings v. . MorrisNew York Court of Appeals · 1862

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