Legal Opinion

Rodgers v. . Clement

New York Court of Appeals

Decided April 6, 1900PublishedCited by 37 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 19, 1897, modifying and affirming as modified a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff is entitled to a credit on the accounting for the sum of $5,860.93, interest orí loans and advances made hy him to the firm.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered April 19, 1897, modifying and affirming as modified a judgment in favor of defendant entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff is entitled to a credit on the accounting for the sum of $5,860.93, interest orí loans and advances made hy him to the firm. (Cronin v. Lord, 161 N. Y. 90 ; Meserole v. Hoyt, 161 N. Y. 59; Szuchy v. H. C. & I. Co., 150 N. Y. 219; Farleigh v. Cadman, 159 N. Y.…

1Opinion of the CourtO’Brien, J.

This was an action for an accounting between partners. In the year 1887 the plaintiff and defendant formed a partnership by agreement, without writing, the purpose of which was to obtain and execute contracts for the construction of public works as might be mutually agreed upon from time to, time, the partnership to continue until. the contracts procured or taken by the firm had been completed or performed. The profits and losses of the business were to be equally divided between the parties. Hnder this arrangement the-firm procured contracts to construct various public works in this and in…

2Cases cited20 opinions

  1. Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
  2. Marston v. . SwettNew York Court of Appeals · 1876
  3. In Re the Judicial Settlement of the Accounts of JamesNew York Court of Appeals · 1895
  4. Fleischmann v. . SternNew York Court of Appeals · 1882
  5. Woerz v. . SchumacherNew York Court of Appeals · 1900

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3Cited by37 opinions

  1. Fayerweather v. RitchSupreme Court of the United States · 1904
  2. Jacobson v. . Brooklyn Lumber Co.New York Court of Appeals · 1906
  3. Levy v. LeavittNew York Court of Appeals · 1931
  4. Cook v. VennigerholzWashington Supreme Court · 1954
  5. Smith v. . CoeNew York Court of Appeals · 1902

32 more not listed; retrieve them via the Exa API.

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