Burckle v. Eckart
Court for the Trial of Impeachments and Correction of Errors
Assumpsit, tried before Kent, C. Judge, at the New-York circuit in January, 1843. The action was on a written agreement made the 2d day of March, 1841, between the plaintiff of Oswego of the one part, and Messrs. James Gibb James Gibh & Co. were partners in business at Quebec, L. C., and the firm was composed of James Gibb, Thomas Gibb, and Elisha Lane. They were "made defendants with Eckart.
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Assumpsit, tried before Kent, C. Judge, at the New-York circuit in January, 1843. The action was on a written agreement made the 2d day of March, 1841, between the plaintiff of Oswego of the one part, and Messrs. James Gibb James Gibh & Co. were partners in business at Quebec, L. C., and the firm was composed of James Gibb, Thomas Gibb, and Elisha Lane. They were "made defendants with Eckart. Whether they had been served with process or not, was not stated; but Eckart alone defended; and one question was, whether he could be made liable with Gibb & Co. upon the contract. Christian J. Burckle,…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The contract on which the plaintiff sues is in writing. Eckart has not signed, and is not boufid by it, unless he was a member of the house of James Gibb & Co.; and that he was a member was not proved at the time the judge allowed the contract to be read in evidence. The plaintiff himself proved, by reading the stipulation made for that purpose, that the firm of James Gibb & Co., at the time of the execution of the contract, consisted of James Gibb, Thomas Gibb, and Elisha Lane. If this proof was not absolutely fatal to the action, still there was no satisfactory…
2Cases cited1 opinion
- Vanderburgh v. Hull & BowneNew York Supreme Court · 1838
3Cited by28 opinions
- Meehan v. ValentineSupreme Court of the United States · 1892
- Richardson v. . HughittNew York Court of Appeals · 1879
- Burckle v. . EckhartNew York Court of Appeals · 1849
- Shepard v. PrattSupreme Court of Kansas · 1876
- Lewis v. . GreiderNew York Court of Appeals · 1872
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