North v. . Bloss
New York Court of Appeals
Appeal by the defendant Bloss from a judgment of the Supreme Court, affirming a judgment entered on the. report of a referee. The action was brought to recover for moneys advanced by the plaintiff to the defendants, and also for freight and commissions on garden and other seeds sold by the plaintiff for the defendants. The defenses set up in the answer were: 1st. A general denial. 2d.
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Appeal by the defendant Bloss from a judgment of the Supreme Court, affirming a judgment entered on the. report of a referee. The action was brought to recover for moneys advanced by the plaintiff to the defendants, and also for freight and commissions on garden and other seeds sold by the plaintiff for the defendants. The defenses set up in the answer were: 1st. A general denial. 2d. The non-joinder as defendant of Moses M. Matthews, an alleged" general partner with the defendants. 3d. An accounting and settlement between the plaintiff and defendants, and a payment of the balance found to be…
1Opinion of the CourtHogeboom, J.
In the printed points submitted by the counsel for the ^appellant only tioo grounds are urged for the reversal of this judgment. It is unnecessary therefore to discuss any other.
The first is, that the plaintiff should have joined Moses M. Matthews ás a party defendant. Matthews was no doubt a general partner, and participated in the profits and losses of the concern. But there is no evidence that he was generally known as such partner; or that the public, in the proper sense of that term, was ever apprised of his connection with the firm. No doubt he could have been sued and held liable on…
2Cases cited2 opinions
- Clark v. MillerNew York Supreme Court · 1830
- New-York Dry Dock Co. v. TreadwellNew York Supreme Court · 1838
3Cited by13 opinions
- Elmira Iron & Steel Rolling Mill Co. v. HarrisNew York Court of Appeals · 1891
- Marvin v. . WilberNew York Court of Appeals · 1873
- Woodhouse v. . DuncanNew York Court of Appeals · 1887
- Houser v. . McGinnasSupreme Court of North Carolina · 1891
- Arnold v. MorrisNew York Court of Common Pleas · 1878
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