Fuller v. Rowe
New York Supreme Court
APPEAL from a judgment entered upon the report-of a referee. In February, 1866, the plaintiff was engaged by one Sweet, who assumed to be acting as president of a company styled “ The Central City Coal Co.,” to superintend the mining operations of the company, in Pennsylvania, for the term of one year, at the salary of $1800. The plaintiff was to commence his services oh the 1st day of March thereafter, and did so commence, continuing his services until November following.
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APPEAL from a judgment entered upon the report-of a referee. In February, 1866, the plaintiff was engaged by one Sweet, who assumed to be acting as president of a company styled “ The Central City Coal Co.,” to superintend the mining operations of the company, in Pennsylvania, for the term of one year, at the salary of $1800. The plaintiff was to commence his services oh the 1st day of March thereafter, and did so commence, continuing his services until November following. The Central City Coal Co. never had any existence in fact, as a corporation. In April the defendant, Eowe, was elected…
1Opinion of the Court
By the Court, Johnson, J.
Upon the facts found, the “ Central City Coal Company,” in whose service the plaintiff engaged as superintendent, was never incorporated, but was, at the time of the plaintiff’s employment, and continued through his term of service, to be, a mere association of individuals transacting business under that name. They were, in fact and in law, mere partners, and the case must be determined by the rules applicable to partnerships.
The defendant was what is termed an incoming partner, after the plaintiff had made his contract and commenced performing on his part. According…
2Cases cited1 opinion
- Ayrault v. ChamberlinNew York Supreme Court · 1857