Greve v. Graf

Appellate Division of the Supreme Court of New York

Greve v. Graf

174 A.D. 875, 159 N.Y.S. 1116

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 15, 1916

StatusPublished

This text of 174 A.D. 875 (Greve v. Graf) 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.

Bluebook

Greve v. Graf, 174 A.D. 875, 159 N.Y.S. 1116 (N.Y. Ct. App. 1916).

Pincite

Opinion

Per Curiam:

The court cannot discover any substantial basis for the finding that, beyond the $1,000 invested by defendant, he contributed $740 which should be repaid him. His testimony shows definitely that he drew from the bank about that sum in excess of the $1,000. The parties should, upon a new trial of the simple questions involved, show how the account stood between the partners, what are the assets and what are the debts, inasmuch as a public accountant examined the books. The judgment is reversed and a new trial granted, costs to abide the final award of costs. Jeuks, P. J., Thomas, Carr, Mills and Rich, JJ., concurred. Judgment reversed and new trial granted, costs to abide the final award of costs and order of reference vacated.

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Per Curiam:

The court cannot discover any substantial basis for the finding that, beyond the $1,000 invested by defendant, he contributed $740 which should be repaid him. His testimony shows definitely that he drew from the bank about that sum in excess of the $1,000. The parties should, upon a new trial of the simple questions involved, show how the account stood between the partners, what are the assets and what are the debts, inasmuch as a public accountant examined the books. The judgment is reversed and a new trial granted, costs to abide the final award of costs. Jeuks, P. J., Thomas, Carr, Mills and Rich, JJ., concurred. Judgment reversed and new trial granted, costs to abide the final award of costs and order of reference vacated.

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Bluebook (online)

174 A.D. 875, 159 N.Y.S. 1116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greve-v-graf-nyappdiv-1916.