Hackett v. . Stanley
New York Court of Appeals
Appeal by defendant Stanley from a judgment of the General Term of the Court of Common Pleas of the city and county of Hew York, entered upon an order made April 4, 1887, which affirmed a judgment of the General Term of the City Court affirming a judgment in favor of plaintiffs, entered upon a decision of the court on trial without a jury.
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Appeal by defendant Stanley from a judgment of the General Term of the Court of Common Pleas of the city and county of Hew York, entered upon an order made April 4, 1887, which affirmed a judgment of the General Term of the City Court affirming a judgment in favor of plaintiffs, entered upon a decision of the court on trial without a jury. This action was brought against defendants, as alleged copartners, for materials and labor in fitting up the premises used in the firm business.* The facts, so far as material, are stated in the opinion. The agreement of the 23d of January, 1885, did not of…
1Opinion of the Court
Ruger, Ch. J.
The determination of this case involves the construction of an agreement between James Stanley and Moulton W. Gorham, and the question whether such agreement constituted the defendant Stanley a partner as to third persons with Gorham. If it did, then the judgment must be sustained.
The liability of the alleged partners is predicated upon a debt for services rendered and materials furnished by the plaintiffs, upon the request of Gorham, in fitting up a place in Mew York to carry on the business of heating, ventilating, etc.
The part of the agreement which, it is claimed, creates the…
2Cases cited4 opinions
- Beecher v. BushMichigan Supreme Court · 1881
- Leggett v. . HydeNew York Court of Appeals · 1874
- Richardson v. . HughittNew York Court of Appeals · 1879
- Emmons v. Westfield BankMassachusetts Supreme Judicial Court · 1867
3Cited by25 opinions
- Meehan v. ValentineSupreme Court of the United States · 1892
- Orvis v. . CurtissNew York Court of Appeals · 1899
- Forman v. LummAppellate Division of the Supreme Court of the State of New York · 1925
- Bedell v. CommissionerUnited States Board of Tax Appeals · 1927
- In re KenneyDistrict Court, S.D. New York · 1899
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