Chester v. . Dickerson
New York Court of Appeals
Appeal by defendants, John Dickerson and Edgar Reed, from judgment of the General Term of the Supreme vCourt in the second judicial district, affirming a judgment in favor of the plaintiffs, entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 52 Barb., 349.) The action was brought for alleged fraud and deceit in the sale of lands.
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Appeal by defendants, John Dickerson and Edgar Reed, from judgment of the General Term of the Supreme vCourt in the second judicial district, affirming a judgment in favor of the plaintiffs, entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 52 Barb., 349.) The action was brought for alleged fraud and deceit in the sale of lands. The complaint alleges that the defendants, Dickerson, Reed, Jones, and a fourth defendant named Dewint, who died during the pendency of the action, conspired to induce the plaintiffs to purchase, as oil-producing lands,…
1Opinion of the Court
Earl, C.
It cannot be questioned that two or more persons may become partners in buying and selling land. There is nothing in the nature or essence of,a partnership which requires that it should be confined to ordinary trade and commerce, or to dealings in personal property. (Story on Part., §§ 82, 83; Collyer on Part., §§ 3, 51, and note; Dudley v. Littlefield, 21 Maine, 418; Sage v. Shermam, 2 N. Y., 417; . Mead v. Shepard, 54 Barb., 474; Pendleton v. Wambersiu, 4 Cranch, 73; Thompson v. Bowman, 6 Wal., 316 ; Hoxie v. Carr, 1 Sumner, 173.) Kent says, “ a partnership is a contract of two or…
2Cases cited7 opinions
- Griswold v. . HavenNew York Court of Appeals · 1862
- Bunnel v. Taintor's administratorSupreme Court of Connecticut · 1823
- Pitts v. WaughMassachusetts Supreme Judicial Court · 1808
- Sage v. . ShermanNew York Court of Appeals · 1849
- Pendleton and Webb v. Wambersie and OthersSupreme Court of the United States · 1807
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3Cited by107 opinions
- Strang v. BradnerSupreme Court of the United States · 1885
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- King v. . BarnesNew York Court of Appeals · 1888
- Yonofsky v. WernickDistrict Court, S.D. New York · 1973
- Fairchild v. . FairchildNew York Court of Appeals · 1876
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