S. L. Snyder Co. v. Abrams
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment of the Municipal Court of the city of New York, boroug’h of Manhattan, third district, in favor of the defendant, dismissing the complaint and from an order denying plaintiff’s motion to vacate said judgment and for a new trial.
1Opinion of the CourtWhitaker, J.
Plaintiff sued to recover for work, labor and services performed by plaintiff’s assignor for the defendant.
The undisputed testimony shows that plaintiff’s assignor made the contract to perform the services, if one was made, with the defendant alone, who did not disclose at the time that he was a member of a copart*226'nership, and that plaintiff was not aware of that fact until the time of the trial. When it so appeared the trial justice dismissed the complaint upon the merits. This was error. It is not sufficient to relieve a party who makes a contract from individual liability; and to shift the…
2Cases cited1 opinion
- Alaska Banking & Safe Deposit Co. v. Van WyckAppellate Division of the Supreme Court of the State of New York · 1911