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Ernst v. Carter

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1936
247 App. Div. 805 (N.Y. App. Div. 1936)

Opinion

March, 1936.


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.


Summaries of

Ernst v. Carter

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1936
247 App. Div. 805 (N.Y. App. Div. 1936)
Case details for

Ernst v. Carter

Case Details

Full title:BALDWIN J. ERNST, Appellant, v. HARRY B. CARTER, BEE LINE, INC., ALERT…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 1, 1936

Citations

247 App. Div. 805 (N.Y. App. Div. 1936)