Marsh v. . Masterton
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made March 4, 1884, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 18 J. & S. 187.) The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made March 4, 1884, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 18 J. & S. 187.) The nature of the action and the material facts are stated in the opinion. Assuming that plaintiff now proves a hiring for half the profits as compensation, the former judgment is a bar; evidence of plaintiff in this suit shows that if there were any such contract as he claims, it was a contract of partnership and not one of hiring, and the…
1Opinion of the CourtEarl, J.
In November, 1873, the plaintiff commenced an action against the defendant, and in his complaint alleged that on the 1st day of May, 1872, at the city of New York, he entered into copartnership with the defendant for the purpose of carrying on the business of masons and builders; that by the terms of the copartnership the partners were to share equally in the profits of the business, the defendant to be allowed interest, however, on his capital; that thereafter from the 1st day of May, 1872, until the 1st day of August, 1873, the plaintiff and defendant carried on the copartnership business…
2Cases cited1 opinion
- Stowell v. . ChamberlainNew York Court of Appeals · 1875
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- Water, Light & Gas Co. v. City of HutchinsonCourt of Appeals for the Eighth Circuit · 1908
- Converse v. . SicklesNew York Court of Appeals · 1895
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