Pattison v. Blanchard
New York Supreme Court
This was a demurrer to the first count of the plaintiffs’ declaration. The count stated, in substance, that on the 25th of April, 1844, the plaintiffs doing business by the style of the northern transportation company, at Troy, made an agreement with the defendant, whereby, in consideration that the plaintiffs, among other things, agreed to relinquish and surrender unto the defendant that part of the mail route number 933, between Saratoga Springs and Griswold’s, a public…
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This was a demurrer to the first count of the plaintiffs’ declaration. The count stated, in substance, that on the 25th of April, 1844, the plaintiffs doing business by the style of the northern transportation company, at Troy, made an agreement with the defendant, whereby, in consideration that the plaintiffs, among other things, agreed to relinquish and surrender unto the defendant that part of the mail route number 933, between Saratoga Springs and Griswold’s, a public house on said route, about five miles from Sandy Hill, and to run to and from and in connection with the said defendant,…
1Opinion of the Court
By the Court, Willard, J.
The contract set forth in the first count of the declaration, creates a partnership between the respective parties, with respect to the fare received by either of them for passengers and their baggage, on the route from Sara-toga Springs, by the way of Griswold’s, to Glen’s Falls, Sandy Hill, Whitehall, and the intermediate places. The rule of apportionment agreed upon by the parties, was according to the distance which the several passengers should be carried by the respective parties. This mode of dividing the profits constitutes that community of interest, which…
2Cases cited4 opinions
- Rogers v. Hosack's ExecutorsNew York Supreme Court · 1837
- Halsted v. SchmelzelNew York Supreme Court · 1819
- Niven v. SpickermanNew York Supreme Court · 1815
- Wetmore v. BakerNew York Supreme Court · 1812
3Cited by8 opinions
- Cummings v. . MorrisNew York Court of Appeals · 1862
- Ives v. MillerNew York Supreme Court · 1855
- Russell v. GrimesSupreme Court of Missouri · 1870
- Sweet v. BradleyNew York Supreme Court · 1857
- Bouton v. BoutonNew York Supreme Court · 1870
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