Stewart v. Smith

Appellate Division of the Supreme Court of New York

Stewart v. Smith

260 A.D. 1057, 25 N.Y.S.2d 416, 1940 N.Y. App. Div. LEXIS 6030

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

DecidedDecember 30, 1940

StatusPublished

This text of 260 A.D. 1057 (Stewart v. Smith) 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

Stewart v. Smith, 260 A.D. 1057, 25 N.Y.S.2d 416, 1940 N.Y. App. Div. LEXIS 6030 (N.Y. Ct. App. 1940).

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Opinion

Action for dissolution of a copartnership and an accounting. After trial of the issues, judgment was rendered on the merits in favor of defendant. Judgment affirmed, with costs. No opinion. Hagarty, Carswell, Johnston and Adel, JJ., concur; Lazansky, P. J., dissents on ground that plaintiff was entitled to half of the profits on securities, being the difference between the value of the securities on January 1, 1933, and the sales price thereof during that year. The trial court allowed a much lesser sum, being the difference between the purchase price prior to January 1, 1933, and the sales price during the year then beginning. The judgment should be modified accordingly.

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Action for dissolution of a copartnership and an accounting. After trial of the issues, judgment was rendered on the merits in favor of defendant. Judgment affirmed, with costs. No opinion. Hagarty, Carswell, Johnston and Adel, JJ., concur; Lazansky, P. J., dissents on ground that plaintiff was entitled to half of the profits on securities, being the difference between the value of the securities on January 1, 1933, and the sales price thereof during that year. The trial court allowed a much lesser sum, being the difference between the purchase price prior to January 1, 1933, and the sales price during the year then beginning. The judgment should be modified accordingly.

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Bluebook (online)

260 A.D. 1057, 25 N.Y.S.2d 416, 1940 N.Y. App. Div. LEXIS 6030, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-smith-nyappdiv-1940.