Moore v. . Vulcanite Portland Cement Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 20, 1914, which reversed an order of Special Term charging the defendants Louis 0. Hedden and Northampton Portland Cement Company with costs. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 20, 1914, which reversed an order of Special Term charging the defendants Louis 0. Hedden and Northampton Portland Cement Company with costs. The facts, so far as material, are stated in the opinion. Section 3241 of the Code of Civil Procedure should be broadly construed, because it is simply the declaration of a natural principle of justice, long recognized at common law, and not merely an arbitrary regulation. (Hiscox v. Tuck, 122 App. Div. 116.) The law of section 3241 is…
1Opinion of the CourtAndrews, J.
The complaint alleges that the plaintiff and the defendants Hedden and the Northampton Portland Cement Company (the latter through an assignment from one Dunn), as partners, were interested in a contract made with the Vulcanite Portland. Cement Company for the purchase of cement, and that the latter violated this contract. It, therefore, demands damages. Hedden and the Northampton Company are made defendants because they refuse to join in the action as plaintiffs.
The two defendants mentioned unite in an answer denying the partnership, alleging that the transaction was on the plaintiff’s and…
2Cases cited1 opinion
- People Ex Rel. Manhattan Railway Co. v. BarkerNew York Court of Appeals · 1900
3Cited by4 opinions
- Imbrey v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1941
- Rudiger v. . ColemanNew York Court of Appeals · 1920
- Gang v. GangNew York Court of Appeals · 1930
- King v. . Interborough Rapid Transit Co.New York Court of Appeals · 1922