Curry v. . Fowler
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made May 3, 1880, which, affirmed a judgment in favor of defendant Fowler, entered upon an order dismissing the complaint as to him.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made May 3, 1880, which, affirmed a judgment in favor of defendant Fowler, entered upon an order dismissing the complaint as to him. (Reported below, 14 J. & S. 195.) This action was brought to recover the amount of a bill for work and materials furnished in the erection of houses upon certain premises in the city of New York, under a contract with the firm of W. Gr. and J. E. McCormack, of which firm plaintiff alleged that defendant Fowler was a partner. His liability as such was…
1Opinion of the CourtMiller, J.
The plaintiff’s claim to recover of the defendant Fowler depends upon the question whether, by the terms of the contract between Fowler and the McCormacks, Fowler had such an interest in the profits of the business of that firm as to render him liable jointly with them as a partner, for' the amount of the plaintiff’s demand.
By the agreement, which recited that the McCormacks were the owners of certain real estate therein mentioned, and were about to erect fifteen houses on the same, and in consideration of a share in the profits of the purchase and building of the said houses, Fowler agreed…
2Cited by22 opinions
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