Legal Opinion

Shanley v. Merchant

Appellate Division of the Supreme Court of the State of New York

Decided November 16, 1910PublishedCited by 2 opinions

Appeal by the plaintiffs, William Shanley and another, from a judgment of the County Court of Broome county in favor of the defendant, entered in the office of the clerk of said county oil the 14th day of April, 1909, pursuant to an order of said County Court, entered on the same day, reversing a judgment of a justice of the peace in favor of the plaintiffs, and also from the said order. upon which such judgment was entered.

1Opinion of the Court

Cochrane, J.:

This is an action to recover of the defendant rent of telephone appliances and fixtures furnished to him by the plaintiffs. The defense is that there is a non-joinder of parties defendant because the defendant had a partner, and that the telephone was rented and used in the partnership business. The evidence shows an oral contract with ’the defendant individually and without reference to a partnership. The plaintiff Michael Shanley testified in detail *798concerning the contract, and that nothing was therein .said as to a partner by the defendant, or that the telephone was to be thus…

2Cases cited6 opinions

  1. Marvin v. . WilberNew York Court of Appeals · 1873
  2. North v. . BlossNew York Court of Appeals · 1864
  3. Van Buren v. WellsNew York Supreme Court · 1838
  4. Woodhouse v. . DuncanNew York Court of Appeals · 1887
  5. New-York Dry Dock Co. v. TreadwellNew York Supreme Court · 1838

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. In Re the Tax Appeal of Hawaiian Telephone Co.Hawaii Supreme Court · 1980
  2. Miller v. KatzCity of New York Municipal Court · 1932

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