Legal Opinion

Burnside v. . Matthews

New York Court of Appeals

Decided June 5, 1873PublishedCited by 4 opinions

Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought againt defendants, as members of the firm of Brander, Chambliss & Co., to recover upon the indorsements of that firm upon two promissory notes. The copartnership was formed in March, 1861, having its place of business in Mew Orleans.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought againt defendants, as members of the firm of Brander, Chambliss & Co., to recover upon the indorsements of that firm upon two promissory notes. The copartnership was formed in March, 1861, having its place of business in Mew Orleans. The notes were indorsed by the defendant, Matthews, in the firm name on the 26th or 27th April, 1861. Plaintiff was a resident of the city of Mew Orleans prior to and during the…

1Opinion of the Court

Reynolds, C.

In the case of Hubbard v. Matthews just decided, * we determine that a copartnership was formed on the 27th or 28th of March, 1861, having its place of business in Dew Orleans, under the name of Brander, Chambliss & Co., of which the defendant, Matthews, was a member, and which continued for a considerable time thereafter. In that case, we also decide that the firm before named, were duly charged as indorsers of the notes there, in controversy, which bore date on the day the partnership was formed. As the facts of this case in respect to the two questions before stated are the…

2Cases cited2 opinions

  1. Swinnerton v. . Columbian Insurance Co.New York Court of Appeals · 1867
  2. McStea v. . MatthewsNew York Court of Appeals · 1872

3Cited by4 opinions

  1. In re the Estate of GarfieldNew York Court of Appeals · 1964
  2. Dr. David Kennedy Corpn. v. . KennedyNew York Court of Appeals · 1901
  3. Heiler v. Goodman's Motor Express Van & Storage Co.Supreme Court of New Jersey · 1918
  4. State ex rel. Forney v. Superior CourtWashington Supreme Court · 1909

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