Gouge v. . Roberts
New York Court of Appeals
This was an action against defendants as partners to recover the value of certain ice-houses, ventilators, etc., constructed by the plaintiffs for the proprietors of the Westminster Hotel, doing business under the firm name of Roberts & Palmer. The only questions litigated were as to whether Roberts was a member of the firm, and as to the value of the work and materials. The referee found that Roberts was not a member of the firm.
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This was an action against defendants as partners to recover the value of certain ice-houses, ventilators, etc., constructed by the plaintiffs for the proprietors of the Westminster Hotel, doing business under the firm name of Roberts & Palmer. The only questions litigated were as to whether Roberts was a member of the firm, and as to the value of the work and materials. The referee found that Roberts was not a member of the firm. Upon the appeal plaintiff claimed that he (Roberts) held himself out as a member, and contracted with plaintiff as such, and that he was therefore estopped from…
1Opinion of the Court
Allen, J.,
reads for affirmance as to defendant Roberts, and for reversal and new trial as to defendant Palmer.
All concur.
Judgment accordingly.
2Cited by13 opinions
- Jamieson v. Kings County Elevated Railway Co.New York Court of Appeals · 1895
- Warren v. . MakelySupreme Court of North Carolina · 1881
- Huntington v. . AttrillNew York Court of Appeals · 1890
- Robinson v. New York Elevated RailroadNew York Court of Appeals · 1903
- Rourke v. Holmes Street Railway Co.Supreme Court of Missouri · 1909
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