Curry v. Fowler
The Superior Court of New York City
Appeal from order dismissing complaint, and from judgment entered thereon. The action is brought for goods sold and delivered to, and for work, labor and services rendered for the firm of W. Gr. & J. E. McCormack, of which firm it is alleged the defendant Fowler was a partner, by virtue of an agreement annexed to the complaint. The answer denies the partnership, and sets up special defenses.
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Appeal from order dismissing complaint, and from judgment entered thereon. The action is brought for goods sold and delivered to, and for work, labor and services rendered for the firm of W. Gr. & J. E. McCormack, of which firm it is alleged the defendant Fowler was a partner, by virtue of an agreement annexed to the complaint. The answer denies the partnership, and sets up special defenses. The court dismissed the complaint on the ground that defendant Fowler was not a partner with the McCormicks. The facts appear in the opinion of the court.
1Opinion of the Court
By the Court.—Speir, J.
The question to be determined is whether the defendent Fowler had such an interest in the profits of the business of the firm of W. G. & J. E. McCormack as to render him liable jointly with them as a partner to third parties. The facts in the case are uncontradicted.
The agreement in substance is that the defendant Fowler should lend or advance to W. G. & J. E. McCormack $50,000, upon certain real estate, to be used by them in building certain houses on that real estate ; the McCormacks were to pay for this loan, interest, and one-half of the .profits of the houses when…
2Cases cited3 opinions
- Loomis v. MarshallSupreme Court of Connecticut · 1837
- Comth. ex rel. Grier v. Coxe, Pennsylvania Court of Common Pleas, Schuylkill County1873
- McMillen v. BetholdIllinois Supreme Court · 1864