Kennedy v. . Porter
New York Court of Appeals
These are cross appeals from portions of a judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made April 21, 1885, which reversed in part and affirmed in part a judgment entered on a decision of the court on trial at Special Term. This action was brought to compel an accounting as between copartners.
Read the full summary
These are cross appeals from portions of a judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made April 21, 1885, which reversed in part and affirmed in part a judgment entered on a decision of the court on trial at Special Term. This action was brought to compel an accounting as between copartners. The material facts are stated in the opinion: Porter, being manager and trustee of the partnership and president of the company, could not, by subsequently reissuing the stock, make a mortgage in his own favor and appropriate its benefits to…
1Opinion of the Court
Ruger, Ch. J.
On the 6th day of June, 1878, the defendant Porter purchased of the defendant, The Chicago & iforthwestern Railway Company, certain shares of stock in The West Wisconsin Railway Company, and took a transfer thereof from trustees who held them for such vendor. So far as appears, he paid the full value therefor at the time of the purchase, from his own funds, and negotiated the purchase in his own name and for his individual benefit.
This action was brought by the plaintiff against the defendant Porter and certain other defendants in 1880, upon a written agreement of partnership…
2Cases cited7 opinions
- Day v. . RothNew York Court of Appeals · 1858
- Griswold v. WaddingtonNew York Supreme Court · 1819
- King v. . LeightonNew York Court of Appeals · 1885
- Marquand v. President of New-York Manufacturing Co.Court for the Trial of Impeachments and Correction of Errors · 1820
- Savage v. . PutnamNew York Court of Appeals · 1865
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- M. O'Neil Supply Co. v. Petroleum Heat & Power Co.New York Court of Appeals · 1939
- Greenfield v. BruskasNew Mexico Supreme Court · 1937
- Jones v. Eastern Michigan MotorbusesMichigan Supreme Court · 1939
- Bayer v. BayerAppellate Division of the Supreme Court of the State of New York · 1926
- Hardin v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1916
23 more not listed; retrieve them via the Exa API.