Gale v. Miller
New York Supreme Court
The cause was tried in September, 1865, at the Columbia Circuit. It appeared that the defendants, David Miller and Harold C. Gale, were, from the first of October, 1860, until February 22,1861, copartners in the freighting business, at Livingston station, on the Hudson River railroad, under the firm name of Miller & Gale. The defendant, Harold C. Gale, was, during the game period, engaged at the same place, in trade on his own individual account.
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The cause was tried in September, 1865, at the Columbia Circuit. It appeared that the defendants, David Miller and Harold C. Gale, were, from the first of October, 1860, until February 22,1861, copartners in the freighting business, at Livingston station, on the Hudson River railroad, under the firm name of Miller & Gale. The defendant, Harold C. Gale, was, during the game period, engaged at the same place, in trade on his own individual account. It was proved by the plaintiff that on the 23d day of January, 1861, said firm of Miller & Gale were indebted to one J. H. Hover in the sum of $156,…
1Opinion of the Court 1
Present — Miller, Ingalls and Hogeboom, JJ.
By the Court
Miller, P. J.
The simple question in this case is, whether the defendant, Miller, is liable in this action ? Whether he owes the debt otherwise, or is responsible to his partner for the same or for his share, is a question we are not called upon to decide, and is not in the case now presented to us. These are matters which may be adjusted in another action, perhaps in one between the defendants ; and if the defendant, Miller, is liable for this demand, he can be made to pay and cannot escape it. Nor does it follow that the plaintiff must…
Also in this document: Opinion of the Court · Ingalls.
2Cases cited6 opinions
- The People v. . BransbyNew York Court of Appeals · 1865
- New York Exchange Co. v. . De WolfNew York Court of Appeals · 1865
- Woodruff v. . McGrathNew York Court of Appeals · 1865
- Lusk v. SmithNew York Supreme Court · 1850
- Prentiss v. GravesNew York Supreme Court · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Waters v. HarrisThe Superior Court of the City of New York and Buffalo · 1892