Mechanics' & Farmers' Bank v. Dakin
New York Supreme Court
This was an action of assumpsit, tried at the Albany circuit in October, 1889, before the Hon John P. Cushman, one of the circuit judges. The suit was brought against Eldridge Dakin, Nicholas Ii-ip, John Rice and Stephen Rice. The declaration described the defendants as copartners in the business of the transportation, of passengers and property by boats and vessels, under the name, style and firm of The New-Yorlc and Q-eneva Line" and contained the money counts only.
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This was an action of assumpsit, tried at the Albany circuit in October, 1889, before the Hon John P. Cushman, one of the circuit judges. The suit was brought against Eldridge Dakin, Nicholas Ii-ip, John Rice and Stephen Rice. The declaration described the defendants as copartners in the business of the transportation, of passengers and property by boats and vessels, under the name, style and firm of The New-Yorlc and Q-eneva Line" and contained the money counts only. The defendant John Itiee pleaded in abatement that John V. It. Schermerhorn shouldhave been joined as a co-defendant, the…
1Opinion of the Court
By the Court,
Cowen, J.
Schermerhorn was the admitted agent and acting partner of the defendants at Albany. He there did business for them and signed checks as agent, and also in the same form for another line in which he was sole proprietor. For both he called himself agent; and, looking at the checks in question, it was entirely ambiguous whether they were drawn for one line or the other ; whether they were due from the defendants or from Schermerhorn alone. I do not understand [ *415 ] Schermerhorn as saying that the *defendants consented to his doing the business for both lines in his name as…
2Cases cited3 opinions
- Wilson v. Codman'sSupreme Court of the United States · 1805
- Mack v. SpencerNew York Supreme Court · 1830
- Wardell v. PinneyNew York Supreme Court · 1828
3Cited by6 opinions
- Stiefel v. BerlinAppellate Division of the Supreme Court of the State of New York · 1898
- Strong v. SproulNew York Court of Common Pleas · 1872
- Chase v. DemingSupreme Court of New Hampshire · 1860
- First National Bank v. Cochran, Court of Common Pleas of Ohio, Hamilton County1901
- Fowler v. Atlantic Mutual InsuranceThe Superior Court of New York City · 1861
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