Casey v. Brush
New York Supreme Court
Assumpsit by the plaintiffs, as assignees of Nixon, a bankrupt, for a balance of an account, due on a particular partnership, in which the bankrupt, the defendant, and Samuel L. Brush were concerned. The declaration contained a count for goods sold and delivered, the usual money counts, and an insimul com/pu-tassent, between the bankrupt and Jesse and Samuel L. Brush.
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Assumpsit by the plaintiffs, as assignees of Nixon, a bankrupt, for a balance of an account, due on a particular partnership, in which the bankrupt, the defendant, and Samuel L. Brush were concerned. The declaration contained a count for goods sold and delivered, the usual money counts, and an insimul com/pu-tassent, between the bankrupt and Jesse and Samuel L. Brush. At the trial the plaintiffs established by Nixon, whom they released, that the defendant agreed with him to be equally interested in a vessel and cargo then equipping for a foreign voyage. At the time, however, when this took…
1Opinion of the CourtLivingston, J.
The first objection to this verdict is, that Samuel Brush, not being a partner known to Nixon at the time of forming this adventure, but admitted afterwards, the action, if *296maintainable at all, is only so against Jesse Brush, with whom alone Nixon contracted.
This objection fails, in point of fact, there being sufficient evidence of a general partnership between the Brushes *when the voyage was determined on; for shortly thereafter Jesse introduced his brother to Nixon, as his partner in business, and as concerned with him in that enterprise, to which Samuel must have assented. Now, although…
2Cases cited1 opinion
- Townsend and Others v. GoeweyNew York Supreme Court · 1838
3Cited by13 opinions
- Cummings v. . MorrisNew York Court of Appeals · 1862
- Arnold v. . ArnoldNew York Court of Appeals · 1882
- Howard v. . FranceNew York Court of Appeals · 1871
- Travis v. BargerNew York Supreme Court · 1857
- Beach v. HotchkissSupreme Court of Connecticut · 1818
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