Legal Opinion

Mitchel v. Bowers

Court of Appeals for the Second Circuit

Decided November 1, 1926No. 22PublishedCited by 30 opinions

1Opinion of the CourtHand, Circuit Judge

(after stating the facts as above).‘

We start with the assumption, agreed upon by both sides and well settled by the law of New York, where the agreement was made and the business of the firm was carried on, that the contract of January 1, 1916, did not make the plaintiff’s wife a partner in the firm. Burnett v. Snyder, 76 N. Y. 344, Burnett v. Snyder, 81 N. Y. 550, 37 Am. Rep. 527. The result is no different when the other partners in the firm know and assent to the arrangement. Rockafellow v. Miller, 107 N. Y. 507, 14 N. E. 433. It is only when the subpartner acquires some interest in the…

2Cases cited6 opinions

  1. United States v. RobbinsSupreme Court of the United States · 1926
  2. Barnes v. AlexanderSupreme Court of the United States · 1914
  3. Burnett v. . SnyderNew York Court of Appeals · 1880
  4. Burnett v. . SnyderNew York Court of Appeals · 1879
  5. Nirdlinger v. . BernheimerNew York Court of Appeals · 1892

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3Cited by30 opinions

  1. Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
  2. Commissioner of Internal Revenue v. FieldCourt of Appeals for the Second Circuit · 1930
  3. Central Life Assur. Soc., Mut. v. Com'r of Internal RevenueCourt of Appeals for the Eighth Circuit · 1931
  4. Nelson v. FergusonCourt of Appeals for the Third Circuit · 1932
  5. Hill v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1930

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

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