The Ontario Bank v. . Hennessey
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment in favor of plaintiff entered upon a verdict, and also from an order denying a motion for a new trial. The action was brought to recover the amount of a bill of exchange drawn by Angus McDonald, one of the defendants, at Hamilton, Canada West, in his own name, on W. H. Newman, New York, to the order of plaintiff, for $4,000 in gold, at thirty days.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment in favor of plaintiff entered upon a verdict, and also from an order denying a motion for a new trial. The action was brought to recover the amount of a bill of exchange drawn by Angus McDonald, one of the defendants, at Hamilton, Canada West, in his own name, on W. H. Newman, New York, to the order of plaintiff, for $4,000 in gold, at thirty days. The name of defendant, John D. Hennessey, does not appear upon the draft. The action was defended by Hennessey. On the 23d March,…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The agreement between the defendants, of March 23d 1864, constituted a copartnership. There was a community of profit and loss. The limitation of the extent of the loss to be borne by Hennessy to the sum of $800, holds good against his partner McDonald, but it no more limits his liability on partnership contracts, as to third…
2Cases cited3 opinions
- Pentz v. StantonNew York Supreme Court · 1833
- Frost v. EverettNew York Supreme Court · 1826
- Tallmadge v. PenoyerNew York Supreme Court · 1861
3Cited by9 opinions
- Leggett v. . HydeNew York Court of Appeals · 1874
- Burnett v. . SnyderNew York Court of Appeals · 1879
- Williams v. . GilliesNew York Court of Appeals · 1878
- Ravold v. Fred Beers, Inc., New York County Courts1933
- Denton v. MerrillNew York Supreme Court · 1887
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