Johnson v. Haws
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Russell Johnson and another, composing the firm of Johnson Brothers, from a judgment of the Supreme Court in favor of the defendants, entered in the office' of the clerk of the county of New York on the 18th day of March, 1899, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing their complaint upon the merits as to the defendant Walter D. Haws, in two different actions.
1Dissent
Ingraham, J. (dissenting):
I cannot assent to the affirmance of this judgment, as to do so would expressly overrule the decision of this court in the case of Johnson v. Alexander (61 N. Y. Supp. 351; 46 App. Div. 6). The question in that case was as to the liability of the parties to an agreement almost exactly similar to the one in this case, and we there held that by the agreement all the parties to it became partners or joint adventurers, and were liable for materials furnished or contracts to carry out the object of the contract. We said in that case : “We are concerned only with the…
2Cases cited3 opinions
- Hackett v. . StanleyNew York Court of Appeals · 1889
- Johnson v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1899
- Johnson v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1899