[DOWNLOAD] "Russell J. Kellogg v. Charles F. Kellogg" by Supreme Court of New York ~ Book PDF Kindle ePub Free

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eBook details

• Title: Russell J. Kellogg v. Charles F. Kellogg
• Author : Supreme Court of New York
• Release Date : January 09, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

A more detailed recitation of the facts in this matter can be found in this court's prior decision in this case (169 A.D.2d
912). Briefly stated, the parties are brothers who executed a document entitled "Partnership Agreement" on August 13, 1984,
after a series of events which resulted in plaintiff providing a loan and other help to defendant to operate an expanded service
station in the City of Ithaca, Tompkins County. Thereafter, the parties worked together at the service station until disputes
arose between them. Plaintiff left the business and was issued monthly checks of $3,000 from defendant until February 1989.
Eventually, plaintiff commenced this action alleging that a partnership had been formed and seeking, inter alia, dissolution
of the partnership and an accounting. In defendant's answer, he asserted that the document signed by the parties was actually
a security agreement for a $15,000 loan from plaintiff. Defendant also asserted numerous affirmative defenses and counterclaims.
The parties' [185 A.D.2d 426 Page 427] -- cross motions for summary judgment were denied by Supreme Court and that decision was affirmed by this court on appeal
(169 A.D.2d 912, supra). Subsequently, a non-jury trial was held after which Supreme Court found, among other things, that
no partnership between the parties had been created. Judgment was entered dismissing the complaint and the counterclaims and
these cross appeals ensued.

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