Merchants National Bank v. Barnes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Erastus H. Barnes,, from a-judgment of the Supreme Court- in favor of the plaintiff, entered in the office of the clerk of the county of Clinton on the 11th day of December, 1897, upon the verdict of a jury. ■ The complaint alleges that the defendants, on the 5th day of March, 1890, became partners in business under the firm name of John Brown & Co., and, as such partners, in June or July, 1890, borrowed $4,000 of the plaintiff, and on October 20,…
Read the full summary
Appeal by the defendant, Erastus H. Barnes,, from a-judgment of the Supreme Court- in favor of the plaintiff, entered in the office of the clerk of the county of Clinton on the 11th day of December, 1897, upon the verdict of a jury. ■ The complaint alleges that the defendants, on the 5th day of March, 1890, became partners in business under the firm name of John Brown & Co., and, as such partners, in June or July, 1890, borrowed $4,000 of the plaintiff, and on October 20, 1890, had rediiced the indebtedness to $3,000, and thereupon under said firm name gave to the plaintiff their promissory…
1Opinion of the Court
Parker, P. J.:
The contract of March 6, 1890, created no partnership between the defendant Barnes and Brown and Brenan. It was simply a contract by which Brown and Brenan were to harvest and-house upon the shores of Lake Champlain large quantities of ice for Barnes & Co., at the latter’s expense, and were to receive “ therefor ” from Barnes & Co. one-fourth of the net profits which the latter should realize upon the sale thereof after the latter had deducted all expenses. Brown and Brenan used the firm name of John Brown & Co. in carrying out their part of the transaction, both in their…
2Cases cited2 opinions
- Leggett v. . HydeNew York Court of Appeals · 1874
- Hackett v. . StanleyNew York Court of Appeals · 1889
3Cited by5 opinions
- Hathaway v. Clendening Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Hunt v. McCabeNew York Supreme Court · 1903
- American Seeding Machine Co. v. John Conklin's Sons Co., New York County Courts1909
- Black v. VanderbiltAppellate Division of the Supreme Court of the State of New York · 1902
- Russell v. HerrickAppellate Division of the Supreme Court of the State of New York · 1908