Norment v. Wittmann
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James W. Norment, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 9 th day of February, 1912, upon the decision of the court after a trial at the New York Special Term.
1Opinion of the Court
McLaughlin, J.:
This action is brought upon two promissory notes aggregating $492.25 which were made in the name of a firm of which defendant’s intestate, Henry S. Van Beuren, is alleged to have been a member. At the close of the trial the court dismissed the complaint, on the merits, upon the ground that the evidence failed to establish that defendant’s intestate was a partner in the alleged firm and, if it did, that the action could not be sustained because it did not appear that the surviving partner was ifisolvent. The appeal, therefore, presents two questions: (1) Whether there is…
2Cases cited2 opinions
- Manhattan Brass & Manufacturing Co. v. SearsNew York Court of Appeals · 1871
- Hull v. BarthAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Norment v. WhitmanAppellate Division of the Supreme Court of the State of New York · 1913