Taylor v. Herring
The Superior Court of New York City
This was an appeal from a judgment in favor of the plaintiff, entered upon the report of a Referee. This action was brought for a settlement of the accounts of an alleged partnership between the parties, the plaintiff claiming a balance to be due to him on such accounting. The defendant denied the alleged partnership, and all indebtedness.
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This was an appeal from a judgment in favor of the plaintiff, entered upon the report of a Referee. This action was brought for a settlement of the accounts of an alleged partnership between the parties, the plaintiff claiming a balance to be due to him on such accounting. The defendant denied the alleged partnership, and all indebtedness. The case was referred to B. W. Bonney, Esq., as sole Referee, who reported in favor of the plaintiff, finding that the parties were partners in the transactions in question, and that there was a balance due to the plaintiff of $10,713.02. The evidence in…
1Opinion of the Court
By the Court—Robertson, J.
Whatever may have been the relations of the parties to this action, the admissibility of the entries in account books kept under the plaintiff’s charge, affects vitally the validity of the judgment. Putting the case in the most favorable aspect for the .plaintiff, the parties were at most partners, and the admission of such entries is only to be vindicated on the ground that they were in partnership books.
There is no question that the general rule is well enough laid down for ordinary cases, that entries in partnership books, during the continuance of the…
2Cases cited7 opinions
- Walden v. SherburneNew York Supreme Court · 1818
- Post v. KimberlyCourt for the Trial of Impeachments and Correction of Errors · 1812
- Caldwell v. LeiberNew York Court of Chancery · 1839
- Heartt v. CorningNew York Court of Chancery · 1831
- Peltier v. SewallNew York Supreme Court · 1834
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Flour City National Bank v. WidenerAppellate Division of the Supreme Court of the State of New York · 1897