Zimmerman v. . Erhard
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, entered upon an order made July 15, 1879, affirming a judgment of the General Term of the Marine Court of the city of New York, which affirmed a judgment in favor of plaintiffs on trial before a justice of said Marine Court without a jury.
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Appeal from judgment of the General Term of the Court of Common Pleas, in and for the city and county of New York, entered upon an order made July 15, 1879, affirming a judgment of the General Term of the Marine Court of the city of New York, which affirmed a judgment in favor of plaintiffs on trial before a justice of said Marine Court without a jury. This action was brought to recover for goods alleged to have been sold and delivered to defendants, at different dates, by the firm of Zimmerman & Co., composed of the plaintiffs, on a credit of four months. The defenses interposed and the…
1Opinion of the CourtMiller, J.
The defendants interpose, as a defense to the plaintiffs’, demand, that the plaintiffs were not copartners, and that the plaintiff John Zimmerman did business under the. name of “ J. Zimmerman & Co.;” that the words “ & Co.” do not represent any real party, and that the same are used in violation of chapter 281, Session Laws of 1833, which provides that “ no person shall transact business in the name of a partner not interested in his firm; and when the designation ' and Company,’ or Co.’ is used, it shall represent an actual partner or partners.” The defense rests upon the supposition that…
2Cases cited3 opinions
- Secor v. . SturgisNew York Court of Appeals · 1858
- Wood v. . Erie Railway CompanyNew York Court of Appeals · 1878
- Staples v. GoodrichNew York Supreme Court · 1856
3Cited by26 opinions
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- Suau v. . CaffeNew York Court of Appeals · 1890
- Huey v. PassarelliMassachusetts Supreme Judicial Court · 1929
- Patterson Furniture Co. v. ByersSupreme Court of Oklahoma · 1907
- Wolfe v. JoubertSupreme Court of Louisiana · 1893
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