Ellison v. Smoller
New York Marine Court
Application for a new trial, or for an order directing judgment for the defendant non obstante veredicto. The plaintiffs, William B. Ellison and Rodman B. Ellison, conduct business at Philadelphia, Pennsylvania, under the firm name of John B. Ellison & Sons. They have a branch office in the city of New York, where they keep samples and solicit orders. The defendant gave an order for goods at the New York branch office, which was subsequently filled.
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Application for a new trial, or for an order directing judgment for the defendant non obstante veredicto. The plaintiffs, William B. Ellison and Rodman B. Ellison, conduct business at Philadelphia, Pennsylvania, under the firm name of John B. Ellison & Sons. They have a branch office in the city of New York, where they keep samples and solicit orders. The defendant gave an order for goods at the New York branch office, which was subsequently filled. The defendant, after receiving the goods, mailed to the plaintiffs at their principal office, at Philadelphia, the note in suit. The note was…
1Opinion of the CourtMcAdam, J.
The pleadings sufficiently show that there was no such person interested in the firm as “ John B. Ellison,” and there is no claim on the part of the plaintiffs that they have complied with any of the subsequent statutes of the State, permitting the continued use of firm names, on complying with certain conditions. The provision in the act of 1849 (chap. 347) exempting from the operation of the act of 1883, supra, commercial partnerships located and transacting busi*486ness in foreign countries, has no application to this case, because Pennsylvania, although a foreign State, is not a foreign…
2Cases cited2 opinions
- King v. ParksNew York Supreme Court · 1822
- Swords v. OwenThe Superior Court of New York City · 1872