Hurlbut v. Post
The Superior Court of New York City
This action comes before the Court at General Term, on an appeal by the plaintiffs from a judgment against them in favor of the defendant, Post. It was brought by Peter H. and John D. Hurlbut, against Russel H. Post and John Ryerson.
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This action comes before the Court at General Term, on an appeal by the plaintiffs from a judgment against them in favor of the defendant, Post. It was brought by Peter H. and John D. Hurlbut, against Russel H. Post and John Ryerson. The complaint alleged that the plaintiffs, on the 15th of August, 1854, “ demised and leased unto the defendants certain premises, to wit, an office in the third story of No. 84 South street, for one year from the date aforesaid, at the rate of $600 per annum, payable quarterly, and under and by virtue of said demise, the defendants entered into possession of…
1Opinion of the CourtBy the Court. Bosworth, J.
The instrument of the 15th of August 1854, signed by the plaintiffs and defendants, is a lease for one year from its date, and the plaintiffs should have been allowed to read it in evidence, under their complaint.
Hallett v, Wylie, 3 J. R. 44; Thornton v. Payne, 5 id. 74.
If-the plaintiffs did not know, when that agreement was made, that Dunning was a member of the firm of Post & Byerson, he may be treated as a dormant partner, and they are not obliged to make him a defendant. They contracted with Post & Eyerson alone, and there being nothing in the style of their firm to indicate that any…
2Cases cited4 opinions
- Etheridge v. OsbornNew York Supreme Court · 1834
- Clark v. MillerNew York Supreme Court · 1830
- Clarkson v. CarterNew York Supreme Court · 1824
- New-York Dry Dock Co. v. TreadwellNew York Supreme Court · 1838
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