McKane v. Dady
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Theodore McKane, from a judgment of the Supreme Court in favor of the defendants Dady and Cook, entered in the office of the clerk of the county of Kings on the 20th day of December, 1907, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term.
1Opinion of the Court
Gaynor, J.:
The action is for a balance due for erecting a building. The complaint alleged that the seven defendants were copartners; and in that way the plaintiff sought to hold them all, although his dealings were with only two of them, McKane (deceased) and Williamson. The action was begun in 1895 and tried in 1907. Three of the defendants had then died. One of the remaining four answered alone, and denied the allegation of copartnership. The other three, Williamson, Dady and Cook (and the three deceased defendants), answered together, but the answer was verified by the defendant Williamson…
2Cases cited1 opinion
- Cook v. . BarrNew York Court of Appeals · 1870
3Cited by3 opinions
- Smith v. MaineNew York Supreme Court · 1932
- Weismantle v. PetrosWest Virginia Supreme Court · 1942
- Service Fire Insurance v. LedermanAppellate Division of the Supreme Court of the State of New York · 1952