Nichols v. . White
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, made February 13, 1880, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought upon two promissory notes made by “the Lawrence Brewing Company,” which, plaintiff alleged, was the name under which a copartnership, of which defendants were members, did business. Defendant White alone appeared and defended.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, made February 13, 1880, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought upon two promissory notes made by “the Lawrence Brewing Company,” which, plaintiff alleged, was the name under which a copartnership, of which defendants were members, did business. Defendant White alone appeared and defended. He alleged that, at the time of the mating the notes, he was not a member of the firm, he having prior thereto retired therefrom, of which…
1Opinion of the CourtAndrews, J.
We think the judgment in this case, should be reversed, for error in the admission of evidence.
The plaintiff, called and examined William H. Nichols, one of the defendants named in the summons, and one of the five persons originally constituting “ The Lawrence Brewing Company,” as a witness. The defendant White, at a subsequent .stage of the trial, recalled this witness, and he then testified to facts, tending to show that “ The Lawrence Brewing Company” copartnership, was dissolved on or about October 16, 1871, prior to the making of the notes in question, and that the business thereafter…
2Cases cited2 opinions
- Walden v. SherburneNew York Supreme Court · 1818
- Coulter v. . American Merchants' Un. Ex. Co.New York Court of Appeals · 1874
3Cited by8 opinions
- Mackintosh v. KimballAppellate Division of the Supreme Court of the State of New York · 1905
- Franklin v. HoadleyAppellate Division of the Supreme Court of the State of New York · 1906
- Fall Brook Coal Co. v. . HewsonNew York Court of Appeals · 1899
- O'Doherty v. Postal Telegraph-Cable Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Desbecker v. . CauffmanNew York Court of Appeals · 1902
3 more not listed; retrieve them via the Exa API.