New York Court of Appeals

William W. Gilmore, Appellant v. Edward E. Ham, Respondent

April 10, 1894142 N.Y. 1

Summary

The Court affirmed the lower court’s judgment granting contribution from the liquidating partner and held that the retiring partner’s claim for an accounting was barred by the ten‑year statute of limitations, which began to run when the liquidator had a reasonable time to complete the winding‑up of the partnership. The Court explained that the cause of action for accounting accrues not at dissolution but when the liquidator’s duty should have been performed and he is in fault for delay.