Arnstaedt v. Blumenfeld
New York Court of Common Pleas
Appeal from a judgment of the General Term of the City Court of New York reversing a judgment of that court entered upon the verdict of a jury rendered by direction of the court and granting a new trial. This action was brought by the plaintiffs to recover an amount due for goods sold and delivered to the defendant.
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Appeal from a judgment of the General Term of the City Court of New York reversing a judgment of that court entered upon the verdict of a jury rendered by direction of the court and granting a new trial. This action was brought by the plaintiffs to recover an amount due for goods sold and delivered to the defendant. The answer admits the sale and delivery of the goods, and avers that the same were purchased by him from the persons carrying on business under the firm name or style of E. Arnstaedt & Co.; that in truth and fact at the time of the sale of said goods no member of said firm of the…
1Opinion of the CourtLarremore, J.
[After stating the facts as above.]—It does not appear from the record that any co-partnership ever existed under the name of “ L. Arnstaedt,” but it was shown on the trial that one Louis Arnstaedt had carried on business in this city prior to 1882 under the style of “ L. Arnstaedt.” The plaintiffs cannot justify their proceedings under the “ Act to prevent persons from transacting business under fictitious names,” passed April 29th, 1833 (L. 1833 c. 281). There was at that time no person engaged in the business to represent an actual partner or partners. For the same reason there could be no…
2Cases cited3 opinions
- Zimmerman v. . ErhardNew York Court of Appeals · 1880
- Lane v. ArnoldNew York Court of Common Pleas · 1882
- Lunt v. LuntNew York City Court · 1880
3Cited by2 opinions
- Stewart v. RobinsonNew York Supreme Court · 1888
- Williams v. HayAppellate Terms of the Supreme Court of New York · 1897