Evans v. Warner
Appellate Division of the Supreme Court of the State of New York
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
- Mumford v. NicollCourt for the Trial of Impeachments and Correction of Errors · 1822
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- Pierce v. PierceMichigan Supreme Court · 1891
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