Legal Opinion

Swords v. Owen

The Superior Court of New York City

Decided March 15, 1872PublishedCited by 2 opinions

Appeal from an order overruling a demurrer to one of the defenses. The complaint alleged that “ the plaintiffs, were copartners doing business in the city of New York, under the firm name and style of Swords, Betty & Co.” It then alleged' as a cause of action, the employment of the plaintiffs by the defendants as his brokers, to purchase certain shares of stock; the purchase of such stock, the neglect and refusal of the defendant to take the same, and a loss thereupon to the…

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Appeal from an order overruling a demurrer to one of the defenses. The complaint alleged that “ the plaintiffs, were copartners doing business in the city of New York, under the firm name and style of Swords, Betty & Co.” It then alleged' as a cause of action, the employment of the plaintiffs by the defendants as his brokers, to purchase certain shares of stock; the purchase of such stock, the neglect and refusal of the defendant to take the same, and a loss thereupon to the plaintiffs of three thousand dollars. The defendant, for a third defense, averred upon information and belief, that all…

1Opinion of the Court

By the court, Monell, J.

—In 1833, the legislature enacted a statute embracing the following two sections (Laws of 1833, chap. 281).

u Section 1. No person shall hereafter transact business in the name of a partner not interested in his firm, and where the designation 11 and Company,” or “ & Co.” is used, it shall represent an actual partner or partners.

“ Section 2. Any person offending against the provisions of this act, shall, upon conviction thereof, be deemed guilty of a misdemeanor, and be punished by a fine not exceeding one thousand dollars.”

The act is entitled u an act to prevent…

2Cases cited5 opinions

  1. President of the Bank of the United States v. OwensSupreme Court of the United States · 1829
  2. Griffith v. WellsNew York Supreme Court · 1846
  3. Lyon v. BertramSupreme Court of the United States · 1858
  4. Pennington v. TownsendNew York Supreme Court · 1831
  5. Bell v. QuinThe Superior Court of New York City · 1848

3Cited by2 opinions

  1. Mandlebaum v. GregovichNevada Supreme Court · 1882
  2. Ellison v. SmollerNew York Marine Court · 1882

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