Oechs v. Cook
The Superior Court of New York City
This case came before the Court, upon questions of law which the Justice presiding at the trial directed to be heard, in the first instance, at the General Term.
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This case came before the Court, upon questions of law which the Justice presiding at the trial directed to be heard, in the first instance, at the General Term. The complaint, exclusive of the prayer for judgment, was in these words : “ The complaint of the plaintiff shows that on or about the 28th day of January, 1852, he sold and delivered to the defendants, under their firm name, of John Cook & Son, goods and merchandise, consisting of fifty baskets of champagne wine, thirty baskets at the value, and at the price of eleven dollars per basket, and twenty baskets of the value, and at the…
1Opinion of the CourtBy the Court. Bosworth, J.
The gist of the complaint is, that the plaintiff sold and delivered to the defendants certain wines, for which they owed a balance of $121 and interest on that sum, from April 7, 1852.
If it had affirmatively appeared on the trial that the defendants had never been partners, the plaintiff would still have been entitled to recover on proof of a purchase by the defendants jointly, and of a delivery to them.
It is not expressly averred that the defendants were partners, or were doing business as such under a copartnership or firm name of “ John Cook & Son.”
But it is distinctly alleged that the…
2Cited by6 opinions
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- West v. American Exchange BankNew York Supreme Court · 1865
- Forest v. ForestThe Superior Court of New York City · 1856
- Casey v. MannThe Superior Court of New York City · 1857
- Mayor v. FayNew York Supreme Court · 1889
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