Ferguson v. . Baker
New York Court of Appeals
Appeal from a judgment of the General Term of the City Court of Brooklyn, entered upon an order made September 27, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict and an order denying a motion to set aside the verdict, and for a new trial. The nature of the action and the facts are sufficiently stated in the opinion. The court erred in admitting the testimony concerning the alleged colloquium when the whole of the agreement was in writing.
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Appeal from a judgment of the General Term of the City Court of Brooklyn, entered upon an order made September 27, 1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict and an order denying a motion to set aside the verdict, and for a new trial. The nature of the action and the facts are sufficiently stated in the opinion. The court erred in admitting the testimony concerning the alleged colloquium when the whole of the agreement was in writing. (Green-leaf on Ev. [4th ed.] 351-352.) As the appellant duly excepted to the admission of said testimony, and also to the…
1Opinion of the CourtPotter, J.
The parties to the action had been copartners in manufacturing and selling shoes in the city of Brooklyn under written articles of copartnership, and under the firm name of Baker & Ferguson, from the 1st day of March to the 23d day of July, 1885, when the copartnership was dissolved by mutual consent expressed in writing, indorsed upon the agreement of copartnership as follows:
“ By mutual consent of the parties to the within agreement, the partnership thereby formed is wholly dissolved; the within George Baker is authorized and consents to settle all debts to and by the firm.
“ Dated the 23d…
2Cases cited2 opinions
- Crater v. . BiningerNew York Court of Appeals · 1871
- Finley v. . FayNew York Court of Appeals · 1884
3Cited by11 opinions
- Bercovici v. ChaplinDistrict Court, S.D. New York · 1943
- Voegtrin v. BowdoinAppellate Terms of the Supreme Court of New York · 1907
- Beagle v. HarbyNew York Supreme Court · 1893
- Barbeau v. PicotteNew York Supreme Court · 1891
- Seligmann v. HahnNew York Court of Common Pleas · 1894
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