Moulton v. Ætna Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The .¿Etna Fire Insurance Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Onondaga on the 3d day of December, 1896, upon the report of a referee, for $2,765.84 damages, besides costs. Exceptions were filed to the referee’s report.
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Appeal by the defendant, The .¿Etna Fire Insurance Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Onondaga on the 3d day of December, 1896, upon the report of a referee, for $2,765.84 damages, besides costs. Exceptions were filed to the referee’s report. On the 16th day of February, 1893, the defendant' issued its policy of insurance, in consideration of $37.50, to the plaintiffs, insuring them for the term of one year from the 16th of February, 1893, against all direct loss or damage by fire in: the amount of…
1Opinion of the Court
Hardin, P. J.:
■ The evidence before the referee sustains the finding of fact made by him that the plaintiffs were copartners. . That copartnership was *279formed in the fall of 1890. There were no written articles of copartuership, hut a verbal agreement was made. Mary J. Moulton was to put in $2,000 and the use of her warehouse, and W. W. Wright was to put in $4,500 in cash, and Frank Moulton was to be employed as agent of the firm, and he was to receive $50 per month for his services, and the plaintiffs were to share alike in the profits and losses. After such an arrangement was made, the…
2Cases cited9 opinions
- Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865
- Menagh v. . WhitwellNew York Court of Appeals · 1873
- Keeney v. . Home Insurance CompanyNew York Court of Appeals · 1877
- Darrow v. . Family Fund SocietyNew York Court of Appeals · 1889
- Baley v. . Homestead Fire Ins. Co.New York Court of Appeals · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Downey v. National Fire InsuranceWest Virginia Supreme Court · 1915
- Stromblad v. Hanover Fire InsuranceNew York Supreme Court · 1923
- Loeb v. Firemen's InsuranceNew York Supreme Court · 1902