Legal Opinion

Arnold v. . Nichols

New York Court of Appeals

Decided February 1, 1876PublishedCited by 23 opinions

Appeal from order of the General Term of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiff, entered upon a verdict, and granting a new trial.

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Appeal from order of the General Term of the Supreme Court in the first judicial department reversing a judgment in favor of plaintiff, entered upon a verdict, and granting a new trial. This action was brought against the defendants as members of the firm of J. W. Bowen & Co. to recover an indebtedness of said Bowen to plaintiff’s testator, which, as alleged in the complaint, the said firm had assumed and agreed to pay in consideration of the transfer to the firm by said Bowen of the property and assets of his business. The facts are set forth sufficiently in the opinion, Plaintiffs had a…

1Opinion of the CourtEarl, J.

For some years prior to the 15th day of August, 1867, the defendant Bowen had been engaged in the city of New York in the business of importing and dealing in fancy goods, and on that day the plan tiff’s testator, Hinman, loaned to him to be used in his business the sum of $2,000. Bowen continued in business alone until January, 1868, when he formed a copartnership with the defendant Nichols, and Bowen and Nichols, under the firm name of J. M. Bowen & Co., continued to carry on the business until May, 1869, when they dissolved. At the time of the formation of the copartnership, the evidence…

2Cases cited5 opinions

  1. Lawrence v. . FoxNew York Court of Appeals · 1859
  2. Burr v. . BeersNew York Court of Appeals · 1861
  3. Thorp v. . the Keokuk Coal Co.New York Court of Appeals · 1872
  4. Merrill v. . GreenNew York Court of Appeals · 1873
  5. Claflin v. . OstromNew York Court of Appeals · 1874

3Cited by23 opinions

  1. Little v. . BanksNew York Court of Appeals · 1881
  2. Silver King Coalition Mines Co. of Nevada v. Silver King Consol. Mining Co. of UtahCourt of Appeals for the Eighth Circuit · 1913
  3. Barker v. Pullman's Palace Car Co.U.S. Circuit Court for the District of Southern New York · 1903
  4. Ringo v. WingSupreme Court of Arkansas · 1887
  5. Riordan v. First Presbyterian ChurchNew York Court of Common Pleas · 1893

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