Reynolds v. Cleveland
New York Supreme Court
Assumpsit for two run of Burr mill stones. The declaration contained the common counts for the mill stones, at a price stated, and on a quantum, meruit. The defen^ants severally pleaded non assumpsit, with other pleas.
Read the full summary
Assumpsit for two run of Burr mill stones. The declaration contained the common counts for the mill stones, at a price stated, and on a quantum, meruit. The defen^ants severally pleaded non assumpsit, with other pleas. Tne cause was tried before Savage, Ch. J. at the Albany Circuit, April, 1823. The plaintiffs proved by Joseph Spencer, that in January, 1820, and before and after, the defendants were reputed partners in a mill at Rochester; and that S. Cleveland had the direction and management of it. They also gave in evidence a letter from S. Cleveland to Jno. Townsend, Albany, dated at…
1Opinion of the CourtWoodworth, J.
(after briefly stating the facts.) It is contended by the defendants, that the contract was made with P. Cleveland individually, and that the suit ought to have been against him alone. He was the ostensible person who made the contract. It is also evident that Reynolds did not know there were other persons connected with him, as partners in the mill. I presume Reynolds was satisfied as to his responsibility, without making any particular inquiry. Coming says, in this instance, they relied altogether on him in giving the credit; that the credit would not have been given to P. Cleveland…
2Cases cited4 opinions
- Schemerhorn v. LoinesNew York Supreme Court · 1810
- Keyes v. StoneMassachusetts Supreme Judicial Court · 1809
- Scouton v. EislordNew York Supreme Court · 1810
- Executors of Rogers v. BerryNew York Supreme Court · 1813
3Cited by7 opinions
- Livingston v. HastieNew York Supreme Court · 1804
- Livingston v. CoxSupreme Court of Pennsylvania · 1847
- State ex rel. Wiesmann v. KemenWisconsin Supreme Court · 1884
- Duvall v. WoodNew York Supreme Court · 1870
- Jones v. HoadleyAppellate Division of the Supreme Court of the State of New York · 1906
2 more not listed; retrieve them via the Exa API.