McCulloch v. Vibbard
New York Supreme Court
Appeal from judgment on report of referee. Action by Hugh McCulloch and others against Chauncey Vibbard, Emerson Foote, and Alexander P. Fiske, to recover money and for an injunction. The referee directed judgment dismissing the complaint, and also dismissing a counter-claim filed by defendants. The latter appeal. For opinion on plaintiffs’ appeal from a judgment dismissing the complaint on the merits, .'see 1 H. Y. Hupp. 610.
1Opinion of the CourtVan Brunt, P. J.
This was an action brought by the firm of Jay Cooke, McCulloch & Co., against the defendants, as members of the firm of Vibbard, *203Foote & Co., to recover certain moneys alleged to be due from the defendants to them, and for certain other relief. The complaint alleged that the plaintiffs, Hugh McCulloch, John H. Puleston, and Francis H. Evans, together with the individual members of the firm of Jay Cooke <£• Co., were copartners carrying on business in London under the firm name of Jay Cooke, McCulloch & Co.; that the members of the firm of Jay Cooke & Co. doing business in Hew York were…
2Cases cited2 opinions
- Cummings v. . MorrisNew York Court of Appeals · 1862
- Waddell v. . DarlingNew York Court of Appeals · 1873
3Cited by8 opinions
- Spofford v. . RowanNew York Court of Appeals · 1891
- Merritt v. GouleyNew York Supreme Court · 1890
- Roldan v. PowerThe Superior Court of the City of New York and Buffalo · 1895
- Johnson v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1913
- Bloomgarden v. HoffmannAppellate Division of the Supreme Court of the State of New York · 1907
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