New York Court of Appeals

James P. Corr, as Administrators of the Estate of Peter H. Corr, Deceased, Appellants v. George F. Hoffman…

May 12, 1931256 N.Y. 254

Summary

The New York Court of Appeals affirmed the lower court's judgment, holding that the plaintiff was not entitled to a further accounting of the partnership, that the referee lacked authority to amend his decision substantively, and that the partner's contractual right to purchase the plaintiff's interest survived the partnership's continuation at will. The court also clarified that acceptance of annual statements does not create an account stated when a fiduciary relationship exists.