Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York Volume 58

Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York Volume 58

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ...that the money which was loaned by the mother to Edward B. (Juthbert was intended as an advance to him, to be paid only by a charge against his share of his mother's estate. She loaned the money to him at his request, and when she told him that the money would be lost in Wall street if she let him have it, his answer was that her estate would not lose anything, as it might be charged against his share. There was no agreement upon her part not to ask him for the money, and she could have claimed it at any time that she saw fit. ' Judgment modified as directed in opinion, with costs to the appellants to abide event. Fasnors J. Kmmnrr, Appellant, '0. Gszoaor-1 B. Horxms and HARRY L. TERRY, Respondents. Partnership aoccentsrunt2'n.g---duty of the referee--evidence of badfaith in the sale at auction or partnership assets--p1'eaumption as to the value of book accounts aold--real estate, when to be sold--power of a court of equity over a 1on-resident plaintij. A referee to take and state an account, appointed under an interlocutory judgment rendered in an action brought to obtain an accounting of the affairs of a partnership, has no power to determine an issue raised by the pleadings as to whether there were one or two distinct firms. The fact that a partner engaged in liquidating a partnership business, after his copartner had protested against the sale of the assets at public auction and had unsuccessfully attempted to enjoin such a sale, sold the assets at public auction under a notice stating the maximum value of some of the assets and that others were " supposed to have little or no value," is strong if not conclusive evidence of bad faith on the part of the liquidating partner. Where a portion of the assets thus sold bshow more

Product details

  • Paperback | 326 pages
  • 189 x 246 x 17mm | 585g
  • United States
  • English
  • black & white illustrations
  • 1236857968
  • 9781236857965