Burgess v. Badger
New York Supreme Court
Appeal from special term, New York county. Action by William H. Burgess against Walter S. Badger. From a judgment in favor of plaintiff, defendant appeals. This action was brought for an accounting between partners. October 15, 1890, the litigants executed a written contract by which they became equal partners, under the firm name of W. S. Badger & Co., “for the transaction of the commission dry goods business in the city of New York and city of Boston.”
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Appeal from special term, New York county. Action by William H. Burgess against Walter S. Badger. From a judgment in favor of plaintiff, defendant appeals. This action was brought for an accounting between partners. October 15, 1890, the litigants executed a written contract by which they became equal partners, under the firm name of W. S. Badger & Co., “for the transaction of the commission dry goods business in the city of New York and city of Boston.” By the first article of the contract, it was agreed that the partnership should begin October 15, 1890, and end October 15, 1891, unless…
1Opinion of the CourtFollett, J.
The court held that the defendant had failed to establish his alleged counterclaim, and that he was not entitled to *616compensation for liquidating the business, and that the plaintiff was entitled to recover $11,559.67, the amount shown by defendant’s statement of April 29, 1892, less the items of $10,000 and $2,-022.27, aside from an error in the item “interest to date,” which was found to be $83 instead of $81.97,—a difference of $1.03. But two questions are presented on this appeal: (1) Are the third and eighth findings of fact sustained by, or are they contrary to, the. weight of evidence?…
2Cases cited6 opinions
- Denver v. RoaneSupreme Court of the United States · 1879
- Robinson v. SimmonsMassachusetts Supreme Judicial Court · 1888
- Johnson v. . HartshorneNew York Court of Appeals · 1873
- Dunlap v. WatsonMassachusetts Supreme Judicial Court · 1878
- Tillotson v. TillotsonSupreme Court of Connecticut · 1867
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3Cited by4 opinions
- Slater v. SlaterAppellate Division of the Supreme Court of the State of New York · 1903
- Greenslete v. FergusonAppellate Division of the Supreme Court of the State of New York · 1920
- Clausen v. PuvogelAppellate Division of the Supreme Court of the State of New York · 1906
- Peck v. KnappNew York Supreme Court · 1912