Opinion · Nylaw New York

QUINCY v. LAWSON, 89 App. Div. 611 (1903)

Emma Quincy, as Ex’[r, x], etc., of John D. Quincy, Deceased, Respondent,v. Samuel Lawson & Alonzo T. Welch, Appellants., 89 A.D. 611 (Appellate Division of the Supreme Court of New York, First Department. 1903)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1903-01-01
Topic: general

QUINCY v. LAWSON, 89 App. Div. 611 (1903) Emma Quincy, as Executrix, etc., of John D. Quincy, Deceased, Respondent,v. Samuel Lawson and Alonzo T.

Citator

UpLaw has not yet analyzed QUINCY v. LAWSON, 89 App. Div. 611 (1903). The absence of a flag is not a finding that it is good law.

QUINCY v. LAWSON,89 App. Div. 611(1903)

Emma Quincy, as Executrix, etc., of John D. Quincy, Deceased, Respondent,

v. Samuel Lawson and Alonzo T. Welch, Appellants.

Appellate Division of the Supreme Court of New York, First Department.

December, 1903.

Judgment modified as indicated in opinion, and as modified affirmed, without costs.

PER CURIAM:

We have examined this record, and particularly the rulings upon evidence to which exceptions were taken, but none of them would justify us in reversing the judgment, nor, upon the other grounds suggested, do we think it should be reversed. In form, however, there should be a modification. There is no serious dispute but that the lease was partnership property, and it was of no importance whether it remained in the name of Quincy or of these defendants. It was unnecessary, therefore, for the judgment in terms to set aside the assignment of the lease, as the rights of all the parties would have been protected by a provision in the judgment stating that the lease was partnership property and defining the interests of the partners therein respectively by declaring that the plaintiff, as executrix of John D. Quincy, was entitled to a three-quarters interest and the defendants to a one-quarter interest. The judgment should, accordingly, be modified as indicated, and as so modified affirmed, without costs.

Present — Van Brunt, P.J., O'Brien, Ingraham, McLaughlin and Hatch, JJ.