Wetmore v. . Porter
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Superior Court of the city of Hew York, entered upon an order made April 3, 1882, which affirmed a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintiff’s complaint herein. The substance of the complaint and of the demurrer is stated in the opinion. It is competent for partners to make contracts between themselves in reference to partnership matters.
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Appeal from judgment of the G-eneral Term of the Superior Court of the city of Hew York, entered upon an order made April 3, 1882, which affirmed a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintiff’s complaint herein. The substance of the complaint and of the demurrer is stated in the opinion. It is competent for partners to make contracts between themselves in reference to partnership matters. (Glover v. Tuck, 24 Wend. 153; Casey v. Brush, 2 Cin. 293; Clough v. Hoffman, 5 Wend. 499; Musier v. Trumpbour, id. 274; Paine v. Thatcher, 25 id. 450.) The…
1Opinion of the Court
Ruger, Ch. J.
The defendant demurred to the complaint upon the grounds:
1st. That there was a defect in the parties defendant, in that the plaintiff should also have been made a defendant.
2d. That the complaint did not state facts sufficient to constitute a cause of action.
The action was brought to recover the value or the possession of certain railroad bonds. The complaint states facts sufficient to justify either form of relief, and if there is any other objection to such a form of complaint it is not raised by this demurrer.
The complaint sets forth among other things that one Alpheus Fobes…
2Cases cited10 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- Wright v. . WrightNew York Court of Appeals · 1873
- Merritt v. . SeamanNew York Court of Appeals · 1852
- Wolcot v. KnightMassachusetts Supreme Judicial Court · 1810
- Briggs v. . DavisNew York Court of Appeals · 1859
5 more not listed; retrieve them via the Exa API.
3Cited by107 opinions
- Stone v. WhiteSupreme Court of the United States · 1937
- Hoffman House v. . FooteNew York Court of Appeals · 1902
- In re the Estate of RothkoNew York Surrogate's Court · 1975
- Place v. . HaywardNew York Court of Appeals · 1889
- City of Syracuse v. . HoganNew York Court of Appeals · 1923
102 more not listed; retrieve them via the Exa API.