Post v. Thomas
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Edward R. Thomas, from a judgment of the Supreme Court in favor of the plaintiffs against the said defendant, but dismissing the complaint as to the other defendants, entered in the office of the clerk of the county of New York on the 24th day of January, 1912, upon' the report of a referee.
1Opinion of the Court
Scott, J.:
In my opinion the judgment should be affirmed.
It makes little matter, as it seems to me, whether the members of the pool are to be regarded as partners or as joint adven*866turers. Whatever their relations were to each other, the defendant Thomas acted as agent for the subscribers to the pool, and I think that we may assume for the purpose of this appeal that he was authorized so to act, and that it was confided to his discretion to manage it and when he saw fit to close it out.
I think that he did close it out when he caused the account to be transferred to his own account or, what is…
2Cited by1 opinion
- Post v. ThomasAppellate Division of the Supreme Court of the State of New York · 1917