Sage v. . Woodin
New York Court of Appeals
Apt-gat, from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiff, entered- upon the report of a referee. This action was brought for an accounting and to recover the interest of Charles E. Case in the assets of the firm of Case, Woodin & Conger, in which firm said Case was a partner at the time of his death, and which interest plaintiff claimed to have purchased on execution sale.
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Apt-gat, from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of plaintiff, entered- upon the report of a referee. This action was brought for an accounting and to recover the interest of Charles E. Case in the assets of the firm of Case, Woodin & Conger, in which firm said Case was a partner at the time of his death, and which interest plaintiff claimed to have purchased on execution sale. The facts sufficiently appear in the opinion. The delivery of an execution to the sheriff in the lifetime of the defendant binds his…
1Opinion of the CourtAitokews, J.
The death of' Charles E. Case- operated as a dissolution of the firm of Case, Woodin & Conger, and the administrators of his estate upon their appointment became tenants in common with the survivors of ■ the partnership property, subject to. the right of the surviving partners to. its possession and management for the purpose - of1 closing np the partnership affairs. (Pars, on Part., 440:) The-representatives, of Case, a? Ins..successors in,interest, wereven titled to an accounting with .the surviving partners .and to. receive -his share of .the, surplus,assets.. In-taking the…
2Cases cited2 opinions
- Hicok v. CoatesNew York Supreme Court · 1829
- Benjamin v. SmithNew York Supreme Court · 1830
3Cited by18 opinions
- In re the Judicial Settlement of the Account of SilkmanAppellate Division of the Supreme Court of the State of New York · 1907
- Didlake v. Roden Grocery Co.Supreme Court of Alabama · 1909
- M. & C. Creditors Corp. v. PrattNew York Supreme Court · 1938
- Andrews v. StinsonIllinois Supreme Court · 1912
- Scully v. . McGrathNew York Court of Appeals · 1911
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