Wood v. . Erie Railway Company
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. (Reported below, 9 Hun, 648.) This action was brought against defendant as a common carrier to recover damages for injuries to a carriage delivered by plaintiff to defendant at Buffalo to be transported to Hew York.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. (Reported below, 9 Hun, 648.) This action was brought against defendant as a common carrier to recover damages for injuries to a carriage delivered by plaintiff to defendant at Buffalo to be transported to Hew York. The carriage was marked “Wood Brothers,” and by the bill of lading ivas “to be delivered to the party entitled to the same; ” it was badly injured while in transit. Some tune prior…
1Opinion of the CourtMiller, J.
The defense to the plaintiff’s demand in this case rests entirely upon the construction to be given to the provision of section 42, 3 Revised Statutes (5th ed.), 978, which is as follows : “ No person shall hereafter transact business in the name of a partner not interested in his firm; and where the designation ‘ and company,’ or & Co.,’ is used, it shall represent an actual partner or partners.”
The next section (43) declares that any person offending against the provisions of the act shall, upon conviction, be deemed guilty of a misdemeanor, and liable to a fine not exceeding $1,000. The…
2Cases cited2 opinions
- Carroll v. . Staten Island R.R. Co.New York Court of Appeals · 1874
- Verona Central Cheese Co. v. . MurtaughNew York Court of Appeals · 1872
3Cited by41 opinions
- Paragon Oil Syndicate v. Rhoades Drilling Co.Texas Supreme Court · 1925
- Ingersoll v. Coal Creek Coal Co.Tennessee Supreme Court · 1906
- Hartford Fire Ins. Co. v. Galveston, H. & S. A. Ry. Co.Texas Commission of Appeals · 1922
- Zimmerman v. . ErhardNew York Court of Appeals · 1880
- Turney v. J. H. Tillman Co.Oregon Supreme Court · 1924
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