Musier v. Trumpbour
New York Supreme Court
EkPvOR from the Greene common pleas. Musier sued Trumpbour in a justice’s court, and declared for about 200 bushels of lime ; the defendant pleaded the general issue, and gave notice of set off. The cause was tried before the justice, and judgment rendered for the defendant for $2,60. The plaintiff appealed to the Greene common pleas ; where the cause was tried on the issue joined before the justice.
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EkPvOR from the Greene common pleas. Musier sued Trumpbour in a justice’s court, and declared for about 200 bushels of lime ; the defendant pleaded the general issue, and gave notice of set off. The cause was tried before the justice, and judgment rendered for the defendant for $2,60. The plaintiff appealed to the Greene common pleas ; where the cause was tried on the issue joined before the justice. On the trial, the counsel in opening the cause stated that the plaintiff would prove that he was the owner of a lime kiln ; that it was agreed between him and the defendant that he would fill the…
1Opinion of the Court
By the Court,
Savage, Ch. J.
I am inclined to the opinion that a technical partnership existed as to the limeeach contributed materials and labor, and the lime was to be equally divided between the parties; but I apprehend it is not necessary to send these parties into a court of chancery to settle a dispute about $12,50. If there had been a partnership, there was but a single item to liquidate, the partnership being at an end ; and in such case, it was held by Lord Ellen-borough, in Robson v. Curtis, 1 Stark. R. 63, that the difficulty as to partnership would disappear. On this point,…
2Cited by19 opinions
- Beecher v. BushMichigan Supreme Court · 1881
- Treat v. HilesWisconsin Supreme Court · 1887
- Willard v. BridgeNew York Supreme Court · 1848
- Hanna v. McLaughlinIndiana Supreme Court · 1902
- Byrd v. FoxSupreme Court of Missouri · 1844
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