Conklin v. Barton
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought against the defendants to recover the balance of an account for liquors, alleged to have been sold and delivered by the plaintiffs to the defendants between the 29th of March and the second day of December, 1862. The defendant Eli Barton, jun. alone defended, claiming that he was not a partner of Hiland H. Barton, and that the liquors were sold to Hiland H. Barton alone.
Read the full summary
APPEAL from a judgment entered upon the report of a referee. The action was brought against the defendants to recover the balance of an account for liquors, alleged to have been sold and delivered by the plaintiffs to the defendants between the 29th of March and the second day of December, 1862. The defendant Eli Barton, jun. alone defended, claiming that he was not a partner of Hiland H. Barton, and that the liquors were sold to Hiland H. Barton alone. The cause was referred to Hugh W. McClellan, Esq. as sole referee. Upon the trial it appeared, among other things, that Hiland H. Barton kept…
1Opinion of the CourtMiller, J.
The questions arising upon this appeal appear to be the following: 1. Whether Backman was a partner of the plaintiffs and a necessary party plaintiff in the action. 2. Whether there was sufficient evidence to support a judgment against Eli Barton, jun. 3. Whether the referee erred in allowing the following question to be put to the witness Back-*438man: Did you ever see or hear any thing, about this hotel, or from the defendants, that they were not partners, in 1862, in the hotel business ? 4. Whether the referee erred in admitting in evidence the bond for a tavern keeper’s license. 5. Whether…
2Cases cited1 opinion
- Scrantom v. Farmers & Mechanics' BankNew York Supreme Court · 1860
3Cited by10 opinions
- Hartford Accident and Indemnity Co. v. OlesNew York Supreme Court · 1934
- Grigsby v. DaySouth Dakota Supreme Court · 1897
- Davis v. ChouteauSupreme Court of Minnesota · 1884
- Dahlman v. ForsterWisconsin Supreme Court · 1882
- Beudel v. HettrickThe Superior Court of New York City · 1873
5 more not listed; retrieve them via the Exa API.