Johnson v. Haws
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Russell Johnson and another, composing the firm of Johnson Brothers, from a judgment of the Supreme Court in favor of the defendants, entered in the office' of the clerk of the county of New York on the 18th day of March, 1899, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing their complaint upon the merits as to the defendant Walter D. Haws, in two different actions.
1Opinion of the Court
Rumsey, J.:
The same question is presented in each of these actions upon the same facts. The plaintiffs claimed to charge the defendant Haws as a partner with Chatterton and others, for lumber sold to Chatterton and used for the joint adventure. Haws claimed that the effect of the contract was not to make him a partner, that the sale was made on the credit of Chatterton, and that the plaintiffs at the time of the sale had actual knowledge that Haws was not liable for the lumber bought to.carry out the enterprise.
The learned justice at the Special Term held that this contention of Haws was…
2Cases cited3 opinions
- Johnson v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1899
- Ensign v. WandsNew York Supreme Court · 1799
- Johnson v. AlexanderAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Jones v. GouldAppellate Division of the Supreme Court of the State of New York · 1912