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Cole v. Forman

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1948
274 App. Div. 818 (N.Y. App. Div. 1948)

Opinion

June 28, 1948.


Appeal from an order denying a motion of defendants for judgment on the pleadings under rule 112 of the Rules of Civil Practice. Order affirmed, with $10 costs and disbursements. The first cause of action refers to completed transactions entered into in furtherance of an alleged joint venture, as to which nothing remains to be done except to divide the profits thereof in accordance with the agreement of the parties. Under such circumstances an action at law will lie. ( Bigelow v. McMillin, 251 App. Div. 456, 458.) Lewis, P.J., Carswell, Nolan, Sneed and Wenzel, JJ., concur.


Summaries of

Cole v. Forman

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1948
274 App. Div. 818 (N.Y. App. Div. 1948)
Case details for

Cole v. Forman

Case Details

Full title:DAVID A. COLE, Respondent, v. BEN FORMAN et al., Individually and as…

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

Date published: Jun 28, 1948

Citations

274 App. Div. 818 (N.Y. App. Div. 1948)

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