Flynn v. Fish
New York Supreme Court
On the 20th of September, 1866, the parties to this action entered into copartnership to carry on grocery and butchering business in the village of Phoenix, in the county of Oswego, under the firm name of Fish, Parsons & Co. There were no written articles of copartnership, but there was an understanding between the parties that each should contribute toward the capital firm $1,000 to $1,500, and to share equally in the profits and losses of the business.
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On the 20th of September, 1866, the parties to this action entered into copartnership to carry on grocery and butchering business in the village of Phoenix, in the county of Oswego, under the firm name of Fish, Parsons & Co. There were no written articles of copartnership, but there was an understanding between the parties that each should contribute toward the capital firm $1,000 to $1,500, and to share equally in the profits and losses of the business. The firm continued in business until the 15th of August, 1867, on which day it was dissolved by mutual consent, the plaintiff selling out…
1Opinion of the CourtMullin, P. J.
The plaintiff insists that, under the agreement entered into at the time of the dissolution, he was entitled to have included in the debts due to the firm the amount which defendants had failed to pay to make their respective shares of the capital stock equal to the amount paid in by him as capital.
The referee has not stated the account on this basis; and the neglect to so state it forms the principal ground of exception to the report.
By the contract of the 13th of August, 1867, the defendants bought and the plaintiff sold his interest in the entire property of the firm, including, in the…
2Cited by1 opinion
- Finley v. FayNew York Supreme Court · 1879