Legal Opinion

Evans v. Warner

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1897PublishedCited by 7 opinions

Appeal, by the plaintiff, Daniel H, Evans, from a.judgment of the -Supreme Court in favor of the defendant for $100, entered in. the office of -the clerk of the, county of Onondaga on the 15th day of January, 1896, upon the report of a referee.

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Appeal, by the plaintiff, Daniel H, Evans, from a.judgment of the -Supreme Court in favor of the defendant for $100, entered in. the office of -the clerk of the, county of Onondaga on the 15th day of January, 1896, upon the report of a referee. The complaint alleged, that,' in September, 18.88, the defendant agreed with the plaintiff to. assist him in the business of malting 'by loans and -advances, of money and credit, which loans were to be - repaid with lawful interest; that in the years lS88.to 1891, inclusive, the defendant advanced to him money and credit, and furnished- barley to be…

1Opinion of the Court

Ward, J.:

The findings of the referee seem well sustained by the evidence.

The appellant .claims that the referee has not found that a copartnership existed between the parties, but has'only" found that'it was.either a joint adventure or a copartnership, and that there was no express agreement as to the profits or losses of the business, and his counsel argued that if it were a joint adventure it must have been a technical one, citing definitions of that term to show that it can have no application to the case in hand. ■

The referee does .find that the business was conducted for the “mutual…

2Cases cited8 opinions

  1. Mumford v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1822
  2. Salter v. . HamNew York Court of Appeals · 1865
  3. Chapman v. HughesCalifornia Supreme Court · 1894
  4. O'Hara v. HarmanAppellate Division of the Supreme Court of the State of New York · 1897
  5. Pierce v. PierceMichigan Supreme Court · 1891

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

3Cited by7 opinions

  1. Smith v. MaineNew York Supreme Court · 1932
  2. Pauli v. CommissionerUnited States Board of Tax Appeals · 1928
  3. Levy v. KeslowAppellate Division of the Supreme Court of the State of New York · 1997
  4. McDermott v. Rossney Contracting Corp.New York Supreme Court · 1928
  5. Saward v. SawardNew York Supreme Court · 1922

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

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