Attwater v. Fowler
The Superior Court of New York City
This was an action of assumpsit for money had and received. The defendant pleaded the general issue, and gave notice of a set-off.
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This was an action of assumpsit for money had and received. The defendant pleaded the general issue, and gave notice of a set-off. The cause was tried before Mr. Justice Hoffman, on the 11th day of June, 1828. At the trial the plaintiff gave in evidence the following agreement between the parties ; and the following letter from the defendant to the plaintiff, viz: “ Memorandum of an agreement made this 28th March, 1812, “ between Theodosius Fowler, of Nexv-York, of the first part, and “ Russell Attwater, of St. Lawrence county, of the second part:— “ Whereas the party of the first part has…
1Opinion of the CourtJones, C. J.
The objection taken by the defendant to a recovery in this cause, is, that the action is by one partner against another, in a partnership transaction, and therefore is not sustainable. The plaintiff insists that the letter of June 26th,1812, from the plaintiff to the defendant, and his acquiescence in its contents, were evidence of the mutual consent and agreement of the parties to terminate and close the joint concern, or if the contract was left open, and operations under it were merely suspended, the letter was conclusive evidence of the division by the defendant himself of the 58 shares…
2Cases cited1 opinion
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