Legal Opinion

Prouty v. . Swift

New York Court of Appeals

Decided March 5, 1873PublishedCited by 5 opinions

Appeal by the defendant Swift from a judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment against the defendants entered on the report of a referee. Rice, the other defendant, was not served with the summons, atid did not appear in the action. The nature of the action and the facts so far as they are material to the decision sufficiently appear in the opinion.

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Appeal by the defendant Swift from a judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment against the defendants entered on the report of a referee. Rice, the other defendant, was not served with the summons, atid did not appear in the action. The nature of the action and the facts so far as they are material to the decision sufficiently appear in the opinion. There was an utter failure of proof, and the complaint should have been dismissed. (Code, § lit; Walter v. Bennett, 16 N. Y., 256.) To constitute a copartnership there must be a community of…

1Opinion of the Court

Lott, Ch. C.

This is not, as claimed on behalf of the appellant, an action in tort for the recovery of damages. The complaint alleges that the defendants, being and acting as attorneys and counselors-at-law, doing business in the city of New York, did induce the plaintiff to entrust to them moneys at different times in the months of January, February and March, 1865, amounting in the aggregate to the sum of $3,085, for the purpose of purchasing military, naval and prize claims for him, on an agreement'that they would invest the same in the purchase of such claims as and for his property and…

2Cases cited1 opinion

  1. Wood v. . HenryNew York Court of Appeals · 1869

3Cited by5 opinions

  1. Longoria v. StateCourt of Criminal Appeals of Texas · 1934
  2. Griffith v. HubbardSouth Dakota Supreme Court · 1896
  3. Warner v. CronkhiteU.S. Circuit Court for the District of Eastern Wisconsin · 1875
  4. Beste v. BurgerNew York Court of Common Pleas · 1885
  5. Macedonia v. FontanelliNew York Supreme Court · 1958

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