Clark v. Rumsey
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Bronson Rumsey and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Miagara on the 8th day of March, 1899, upon the decision of the court rendered after a trial at the Miagara Trial Term, a jury having been waived.
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Appeal by the defendants, Bronson Rumsey and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Miagara on the 8th day of March, 1899, upon the decision of the court rendered after a trial at the Miagara Trial Term, a jury having been waived. On or about the 2d day of June, 1892, the appellants, together with fifteen other parties, entered into a.written agreement of which the following is a copy, viz.: “ Buffalo, June 2, 1892. “ We, the undersigned, agree to pay the sum set opposite our several names to Henry W. Watson,…
1Opinion of the Court
Adams, P. J.:
The theory upon which this action was brought, tried and determined was that the defendants were liable as copartners for the balance due upon the Sutton contracts; and it is now contended that the subscription agreement of June 2, 1892, created a joint liability upon the part of the persons signing the same, which established both inter se and as to third persons ■ the relation of copartners. The principal question, therefore, with which we have to deal upon this, review involves the correctness of this contention, and is one which in so far as it appertains to a copartnership…
2Cases cited5 opinions
- Gibbons v. GrinselWisconsin Supreme Court · 1891
- Davis v. BelfordMichigan Supreme Court · 1888
- Ward v. BrighamMassachusetts Supreme Judicial Court · 1879
- Moss v. WilsonCalifornia Supreme Court · 1870
- Hudson v. SpauldingNew York Supreme Court · 1889