Leggett v. . Hyde
New York Court of Appeals
Appeal by defendant George M. Hyde from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiffs entered upon a verdict, and affirming order denying motion for a new trial. This action was brought against defendants, who were alleged to be members of the firm of A. D. Putnam & Co., to recover for goods sold and delivered to that firm. Defendant Hyde denied that he was a partner.
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Appeal by defendant George M. Hyde from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of plaintiffs entered upon a verdict, and affirming order denying motion for a new trial. This action was brought against defendants, who were alleged to be members of the firm of A. D. Putnam & Co., to recover for goods sold and delivered to that firm. Defendant Hyde denied that he was a partner. (Reported below, 1 N. Y. S. C. R. [T. & 0.], 418.) Prior to 1869, the firm of A. D. Putnam & Co. was composed of Avery D. Putnam and Herman…
1Opinion of the CourtFolger, J.
At the trial, each party asked the court to direct a verdict in his favor. Each thereby conceded, that there could be no dispute upon any question of fact. Each thereby conceded, that there was left for decision only a question of law, and that it arose upon a settled and uncontradicted state of facts.
Taking the view of the testimony the most favorable for the appellant, the facts are these : In 1869, one Putnam and one Henneberger were partners in business, under the firm name of A. D. Putnam & Go. In that year, the appellant invested or deposited with that firm $1,500. This sum was credited…
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