Ernst v. Carter
This text of 247 A.D. 805 (Ernst v. Carter) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In an action for a determination of the existence of a partnership and for a dissolution and an accounting, judgment dismissing the complaint on the merits reversed on the law and the facts, and a new trial granted, costs to appellant to abide the event upon the ground that the determination of the court at Special Term was against the weight of the evidence. It would be advisable that the question of partnership be submitted to a jury. All findings of fact are reversed and the conclusions of law are disapproved, for the purpose of granting a new trial. Lazansky, P. J., Carswell and Johnston, JJ., concur; Hagarty and Davis, JJ., dissent and vote to affirm.
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Cite This Page — Counsel Stack
247 A.D. 805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ernst-v-carter-nyappdiv-1936.