Legal Opinion

Moore v. Vulcanite Portland Cement Co.

Appellate Division of the Supreme Court of the State of New York

Decided February 20, 1914Published

Appeal by the defendant, Louis 0. Hedden, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 8th day of October, 1913, as resettled by an order entered in said clerk’s office on the 21st day of November, 1913, directing the defendants Hedden and Northampton Portland Cement Company to pay two judgments for costs recovered in this action against the plaintiff by the defendant Vulcanite…

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Appeal by the defendant, Louis 0. Hedden, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 8th day of October, 1913, as resettled by an order entered in said clerk’s office on the 21st day of November, 1913, directing the defendants Hedden and Northampton Portland Cement Company to pay two judgments for costs recovered in this action against the plaintiff by the defendant Vulcanite Portland Cement Company.

1Opinion of the Court

Clarke, J.:

Plaintiff Moore brought an action against the Vulcanite Portland Cement Company alleging that before May 1,1902, Moore, Hedden and Dunn entered into a copartnership agreement for the purpose of buying and selling cement, agreeing to share equally each one-third of the profits and losses of the business; that Dunn duly transferred all of his interest to the Northampton Portland Cement Company; that Hedden and the Northampton Portland Cement Company have been requested to join with the plaintiff as parties plaintiff and have neglected and refused to do so and are accordingly made…

2Cases cited3 opinions

  1. Stevens v. Central National BankNew York Court of Appeals · 1901
  2. Moore v. Vulcanite Portland Cement Co.Appellate Division of the Supreme Court of the State of New York · 1907
  3. Thorn v. . BeardNew York Court of Appeals · 1893

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