Rosenberg v. . Block
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 June 16, 1884, which affirmed a judgment in favor of plaintiffs, entered upon a verdict and affirming an order denying a motion for a new trial.
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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 June 16, 1884, which affirmed a judgment in favor of plaintiffs, entered upon a verdict and affirming an order denying a motion for a new trial. (Reported below, 18 J. & S. 357.) The complaint in this action alleged a limited partnership between the plaintiffs, formed under the laws of Virginia, under the name of the plaintiff Rosenberg, who was the general, and plaintiff Bottigheimer, the special partner; that said firm delivered to defendants’ firm certain goods, to be sold by…
1Opinion of the CourtAndrews, J.
The jury found upon evidence which justified the submission of the question to them, that the defendants, when they received the goods, had notice that they belonged to a special partnership, doing business under the name of “H. Rosenberg,” and were not the individual property of Rosenberg. Upon this finding it is plain that there was no right to set off the individual debt of Rosenberg, against the plaintiff’s claim. It is insisted, however, that the trial judge improperly excluded certain questions.put to the plaintiff Rosenberg, re lating to the disposition by his general assignee for the…
2Cases cited1 opinion
- Southard v. . BennerNew York Court of Appeals · 1878
3Cited by4 opinions
- Heath v. Broadway & Seventh Avenue RailroadThe Superior Court of the City of New York and Buffalo · 1890
- Rosenberg v. . BlockNew York Court of Appeals · 1890
- Territory of Arizona v. ShanklandArizona Supreme Court · 1892
- Heath v. Broadway & Seventh Avenue RailroadThe Superior Court of New York City · 1890