Legal Opinion

Fogerty v. Jordan

The Superior Court of New York City

Decided April 30, 1864PublishedCited by 3 opinions

Appeal from a judgment entered upon the report of a referee. The action was to recover moneys collected by the defendants, as the attorneys of the plaintiff. The complaint alleges that on the 21st of April, 1859, the defendants were attorneys and counsellors at law, lawfully entitled to practice, and practising as such in the courts of this state, “ and were partners at law, doing business in the city of New York, under the firm name of QaNun, Jordan & Bain.”

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Appeal from a judgment entered upon the report of a referee. The action was to recover moneys collected by the defendants, as the attorneys of the plaintiff. The complaint alleges that on the 21st of April, 1859, the defendants were attorneys and counsellors at law, lawfully entitled to practice, and practising as such in the courts of this state, “ and were partners at law, doing business in the city of New York, under the firm name of QaNun, Jordan & Bain.” That on or about that date, the plaintiff retained the defendants as his attorneys, in and about a certain claim against one Hogan, and…

1Opinion of the Court

By the Court,

Monell, J.

The affidavit of the defendant Bain was properly admitted as evidence, against the defendants, of all the facts stated in it, except the single fact of partnership. If there is not other and sufficient evidence in the case, of the partnership of the defendants, then the affidavit, treating it as an admission of the parties, would not be evidence against the other defendants of any of the facts sworn to. The admissions of one partner, whether sworn to or otherwise, are always proper to charge his copartners; and it is immaterial whether they appear in a sworn statement,…

2Cases cited2 opinions

  1. Rooney v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1858
  2. Merritt v. MillardThe Superior Court of New York City · 1859

3Cited by3 opinions

  1. Nickels v. Kane's Adm'rSupreme Court of Virginia · 1886
  2. Dunlap v. WhitmerSupreme Court of Louisiana · 1913
  3. Spellman v. BradleySupreme Court of Louisiana · 1927

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