Manhattan Brass & Manufacturing Co. v. Sears
New York Court of Appeals
Appeal from an order of the General Term of the Superior Court of the city of Hew York, affirming a judgment of the Special Term dismissing the complaint. Action to recover a balance of rent upon a lease of certain premises in the "city of Hew York, executed by the plaintiff, lessor, to the “ Judson Horseshoe Company, lessee,” signed on the part of the lessee “ F. Judson, president.”
Read the full summary
Appeal from an order of the General Term of the Superior Court of the city of Hew York, affirming a judgment of the Special Term dismissing the complaint. Action to recover a balance of rent upon a lease of certain premises in the "city of Hew York, executed by the plaintiff, lessor, to the “ Judson Horseshoe Company, lessee,” signed on the part of the lessee “ F. Judson, president.” The defendant Judson being the owner of a patent right, on the 22d of June, 1866, entered into the following agreement with the defendant Sears: "This agreement, made at the city of Hew York, this 22d day of…
1Opinion of the CourtPeokham, J.
To constitute one a partner, as to third persons, it is not necessary that he should agree to share in the losses of the business. Sharing in the profits is sufficient. The reason is, that sharing in the profits deprives creditors of part of the means of payment. (Pott v. Eyton, 3 Man. Gr. & S., 32; 54 C. L. R, 31; Col. on Part., 5, 4th Am. ed., and cases cited; Story on Part., Gray’s ed., § 2, where definitions of partnership are given by different writers.) More generally no allusion is made to sharing losses. (And see section 68; 3 Kent, 8th ed., 26; Grace v. Smith 2 W. Bl., 998).
Here seem…
2Cited by37 opinions
- Leggett v. . HydeNew York Court of Appeals · 1874
- Richardson v. . HughittNew York Court of Appeals · 1879
- Cothran v. Marmaduke & BrownTexas Supreme Court · 1883
- Smith v. . BodineNew York Court of Appeals · 1878
- Burnett v. . SnyderNew York Court of Appeals · 1879
32 more not listed; retrieve them via the Exa API.