Rowland v. . Rowland
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made February 15, 1894, which affirmed an order of Special Term granting a motion for a reference and appointing a referee.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made February 15, 1894, which affirmed an order of Special Term granting a motion for a reference and appointing a referee. The complaint in this action alleged that plaintiff and defendants were associated in business, under an agreement in the nature of a general partnership or quasi partnership ; that plaintiff was to draw thirty dollars per week and to be also entitled to a percentage of the net profits, which it was agreed should be two per cent for the first three years, four per cent for the…
1Opinion of the Court
Andrews, Ch. J.
Whether the relation between the parties was “ in the nature of a general partnership or quasi partnership,” as alleged in the complaint, or was that of employer and employee, as alleged in the answer, will not probably be a question of much importance in the determination of the controversy. The real issue is as to the amount which the plaintiff was to receive in addition to a specific sum per week out of the net profits, and whether the alleged settlement of the plaintiff’s claim was procured by the fraudulent representations of the defendant. Both parties in their verified…
2Cases cited2 opinions
- Camp v. . IngersollNew York Court of Appeals · 1881
- People v. . WoodNew York Court of Appeals · 1890
3Cited by7 opinions
- Boisnot v. WilsonAppellate Division of the Supreme Court of the State of New York · 1904
- Prentice v. HuffAppellate Division of the Supreme Court of the State of New York · 1904
- National Shoe & Leather Bank v. BakerNew York Court of Appeals · 1896
- National Shoe & Leather Bank v. BakerNew York Supreme Court · 1895
- Franceschi v. Corte de Distrito de PonceSupreme Court of Puerto Rico · 1933
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