Cabre v. Sturges
New York Court of Common Pleas
Appeal by defendant from a judgment of tbe Fifth District ■'fifourt. This action was brought to recover $4.96 for splicing a hawser. It appeared that the defendant employed the plaintiffs to splice the hawser for the steam tow-boat Titan; that he was in the tow-boat business, in partnership with one Joseph P. Martin ; but it did not appear that at the time of the enjoyment the plaintiffs were aware of the defendant’s partnership.
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Appeal by defendant from a judgment of tbe Fifth District ■'fifourt. This action was brought to recover $4.96 for splicing a hawser. It appeared that the defendant employed the plaintiffs to splice the hawser for the steam tow-boat Titan; that he was in the tow-boat business, in partnership with one Joseph P. Martin ; but it did not appear that at the time of the enjoyment the plaintiffs were aware of the defendant’s partnership. There was contradictory evidence as to the value of the wort. The court rendered judgment for the plaintiff for $4.46, from which the defendant appealed.
1Opinion of the Court
Ingraham, First Judge. —
No notice of appeal is annexed to the return in this case, and we are therefore uninformed as to the ground of appeal. For this cause the appeal should be dismissed.
Upon the merits, as appears from the return, there is no ground for our interference.
The evidence shows that the defendant made the contract for the work. He made it in his own name, without disclosing that any other person was interested with him.
The plaintiffs were not bound to inquire whether, in his busi*161ness, the defendant had a partner or not, or whether he was the owner of the steamer or not. He might…
2Cited by1 opinion
- Arfman v. HareAppellate Terms of the Supreme Court of New York · 1899