Fassy v. Jacobs
New York Supreme Court
Appeal by the defendant from a judgment of the City Court of the city of New York, entered in favor of the plaintiffs upon a verdict rendered by a jury.
1Opinion of the CourtHendrick, J.
Two brothers were sued herein as “ Samuel Jacobs and Benjamin Jacobs, copartners in business under the firm name and style of Jacobs Bros.” An affidavit follows the complaint in the printed case in which affiant states that he served the summons and complaint upon defendant, Samuel Jacobs, whom he knew to be the person described in the complaint.. The codefendant does not seem to have been served. Both defendants appeared by attorney and served a joint answer.
On the trial no cause of action was proved against either defendant. Instead of being copartners, the proof shows that Benjamin is in…
2Cases cited1 opinion
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
3Cited by3 opinions
- Morrison County Lumber Co. v. DuclosSupreme Court of Minnesota · 1915
- Genesee Valley Trust Co. v. NewbornNew York Supreme Court · 1938
- Fleishner v. SacksAppellate Terms of the Supreme Court of New York · 1913