Salter v. . Ham
New York Court of Appeals
Appeal from judgment of Supreme Court. The action was ■by the plaintiff, claiming to be a copartner with the defendant Ham in manufacturing and vending a medicine called “ Dr. Ham’s Invigorating Spirit, or Dyspepsia Remedy,” for an accounting, in respect to the copartnership business.
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Appeal from judgment of Supreme Court. The action was ■by the plaintiff, claiming to be a copartner with the defendant Ham in manufacturing and vending a medicine called “ Dr. Ham’s Invigorating Spirit, or Dyspepsia Remedy,” for an accounting, in respect to the copartnership business. The complaint alleged that in December, 1855, Ham was carrying on the business in the city of Hew York, and that about that time the plaintiff entered into an agreement in writing with him, as follows: “This agreement, made, entered into and concluded, on 11th December, 1855, by and between D. H. Ham, of the…
1Opinion of the CourtWright, J.
To entitle the plaintiff to have an account and distribution of the property, stock and money referred to in his complaint, the relation of partners must have existed between himself and the defendant Ham during the time therein stated. If he was not such partner, or a member of the firm of D. H. Ham & Co., he had no right to an accounting in respect to the business and property of Ham or of such firm. The preliminary question then was, whether, from December, 1855, to January, 1862, the plaintiff and Ham were partners, inter sese, in the business of manufacturing and vending the drug or…
2Cited by32 opinions
- Stevens v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1881
- Setzer v. BealeWest Virginia Supreme Court · 1882
- Heye v. TilfordAppellate Division of the Supreme Court of the State of New York · 1896
- Parker v. John Pullman & Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Wheeler v. LackOregon Supreme Court · 1900
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