Merrick v. . Gordon
New York Court of Appeals
Appeal from the Supreme Court. The plaintiffs were car-tiers from Oswego to ports on the Upper Lakes. In October, 1851, certain goods of the defendant were transported from Hew York, by river and canals, directed to him at Cleveland, and consigned to the plaintiffs at Oswego, who forwarded them by schooner to the defendant at Cleveland, Ohio, and brought this action for the freight earned by themselves, as well as the charges paid by them for river and canal freight.
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Appeal from the Supreme Court. The plaintiffs were car-tiers from Oswego to ports on the Upper Lakes. In October, 1851, certain goods of the defendant were transported from Hew York, by river and canals, directed to him at Cleveland, and consigned to the plaintiffs at Oswego, who forwarded them by schooner to the defendant at Cleveland, Ohio, and brought this action for the freight earned by themselves, as well as the charges paid by them for river and canal freight. On the trial at the Oswego Circuit before Mr. Justice Allen, a jury having been waived, the case proved was this: On the 10th…
1Opinion of the CourtComstock, J.
The contract entered into by the plaintiffs
with the Messrs. Van Dewater did not constitute a partnership between those firms. The case of Champion v. Bostwick (11 Wend., 571; S. C. in error, 18 id., 175), is a strong one in the direction of holding certain arrangements of the same general nature to be partnerships. I do not question the soundness of that decision, but the case before us is distinguishable in a material and controlling circumstance. In Bostwich v. Champion all the fare from passengers received by any of the parties was to be a common fund and divided according to the number of…
2Cited by16 opinions
- Seibert v. . DunnNew York Court of Appeals · 1915
- Barnes v. McMullinsSupreme Court of Missouri · 1883
- Central Railroad v. MacCartneySupreme Court of New Jersey · 1902
- Connolly v. DavidsonSupreme Court of Minnesota · 1870
- Pennsylvania Railroad v. TitusAppellate Division of the Supreme Court of the State of New York · 1913
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