Thornton v. Barber
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary L. N. Thornton, from a judgment of the County Court of Livingston county in favor of the defendant, rendered on the 8th day of May, 1899, and entered in the office of the clerk of the county- of Livingston upon the decision of the court reversing a judgment rendered by a justice of the peace in favor of the plaintiff. The action was commenced in December, 1898, in Justice’s Court.
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Appeal by the plaintiff, Mary L. N. Thornton, from a judgment of the County Court of Livingston county in favor of the defendant, rendered on the 8th day of May, 1899, and entered in the office of the clerk of the county- of Livingston upon the decision of the court reversing a judgment rendered by a justice of the peace in favor of the plaintiff. The action was commenced in December, 1898, in Justice’s Court. The complaint alleged that the defendant and one Clarence B. Thornton engaged “ in a joint adventure, which enterprise or agreement was in writing and signed by the parties.” " The…
1Opinion of the Court
McLennan, J.:
It is clear that the contract entered into between the defendant and the plaintiff’s assignor made them copartners. The property of the defendant, to wit, her seven acres of land, by the terms of the contract, was combined with the labor and skill of the plaintiff’s assignor for their common profit; and the defendant was to pay one-half of the expense of raising and developing the peach orchard and the other one-half of the- expenses was to be paid by the plaintiff’s assignor; so that, by the terms of the contract, the defendant was to put her land against the labor of the…
2Cases cited2 opinions
- Wilcox v. PrattNew York Court of Appeals · 1890
- Wilcox v. PrattNew York Supreme Court · 1889
3Cited by2 opinions
- Wagner v. ButtlesWisconsin Supreme Court · 1912
- Wagner v. ButtlesWisconsin Supreme Court · 1913