Fuller v. . Rowe
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department, modifying, and affirming as modified, a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 59 Barb., 344.) This action was brought by plaintiff to recover an amount alleged to be due for salary.
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Appeal from a judgment of the General Term of the Supreme Court in the fourth judicial department, modifying, and affirming as modified, a judgment in favor of plaintiff entered upon the report of a referee. (Reported below, 59 Barb., 344.) This action was brought by plaintiff to recover an amount alleged to be due for salary. The complaint alleged, in substance, that defendants assumed and held themselves out to be the officers and managers of a mining company, incorporated and doing business in the State of Pennsylvania, pursuant to the laws of that State, by the name of the Central City…
1Opinion of the Court
Gray, C.
That parties assuming to act in a corporate capacity without a legal organization as a corporate body, are liable as partners to those with whom they contract is not denied; but when it is sought to charge any one of them as a corporator or as a partner, the samé rule applies to each. H as a corporator, he must be shown to have been such when the contract sued upon was made. (Moss v. Oakley, 2 Hill, 265, 268.) If as a partner he must be shown to have been a member of the firm when the contract sued upon was made. (McGuire v. O'Halloran, Hill & Denio, 85, 86.) In this case the referee…
2Cited by19 opinions
- Brandes Meat Corp. v. CromerAppellate Division of the Supreme Court of the State of New York · 1989
- Harrill v. DavisCourt of Appeals for the Eighth Circuit · 1909
- Central City Savings Bank v. . WalkerNew York Court of Appeals · 1876
- Bonfils v. HayesSupreme Court of Colorado · 1921
- John V. Farwell Co. v. Jackson StoresSupreme Court of Georgia · 1911
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