Muzzy v. Whitney
New York Supreme Court
THIS was an action of assumpsit. The declaration stated' that on the 9th of July, 1807, a certain discourse ivas had and ¿ between the parties, of and concerning the making of the miles of the Chenango Turnpike Road, which road the defendants had before that time contracted with the Chenango Turnpike Corporation to make; and the defendants agreed, ^t ^ ^ie plaintiff would advance them a certain sum towards making the road, and help them to complete the road, that he should…
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THIS was an action of assumpsit. The declaration stated' that on the 9th of July, 1807, a certain discourse ivas had and ¿ between the parties, of and concerning the making of the miles of the Chenango Turnpike Road, which road the defendants had before that time contracted with the Chenango Turnpike Corporation to make; and the defendants agreed, ^t ^ ^ie plaintiff would advance them a certain sum towards making the road, and help them to complete the road, that he should be paid for what he should so advance, out of the profits they should receive for malting the road, and should be the sum…
1Per curiam
The first and principal question in this case is, whether the parties to this suit were copartners in the business to ' which the suit relates, so as to disable the plaintiff from suing the defendants at law. The referees have reported the proofs taken before them touching, the alleged partnership. The parol proof is so contradictory as to amount to nothing. There were repeated confessions of the plaintiff that went to prove, and repeated confessions of the defendants that went to disprove, a partnership. The written evidence is the best test of the sense of the parties, and from that it…
2Cited by7 opinions
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