Dwinelle v. . Edey
New York Court of Appeals
Appeal from order of the General Term of the Court of Common. Pleas in and for the city and county of New York, made January 21, 1884, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term, and which granted a new trial.
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Appeal from order of the General Term of the Court of Common. Pleas in and for the city and county of New York, made January 21, 1884, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term, and which granted a new trial. (Reported below, 12 Daly, 253.) This action was based upon a copartnership agreement under seal between the parties, dated April 22, 1869, which con tained among others the following provisions: “ Whereas, it is the intention of the said parties to form a copartnership for the purpose of prosecuting the business of…
1Opinion of the CourtFnsrcH, J.
We are content with the determination of the General Term that the written agreement of the parties created a copartnership from its date, and that such relation was not postponed or intended to be postponed until a period when the business profits had fully reimbursed the plaintiff for his advances. While all such profits were at first applicable to the debt, the latter was a debt of the firm, due to one of its members ; the advance was to the copartnership and for its business purposes; and the contract which limits its duration to three years plainly indicates the moment of its beginning…
2Cases cited1 opinion
- Peters v. . DelaplaineNew York Court of Appeals · 1872
3Cited by6 opinions
- Brooks v. CampbellSupreme Court of Kansas · 1916
- In re Hodgman's EstateNew York Supreme Court · 1890
- Mariner v. WiensWisconsin Supreme Court · 1909
- Burstein v. LevyAppellate Terms of the Supreme Court of New York · 1906
- Oldfield v. Vassar CollegeAppellate Division of the Supreme Court of the State of New York · 1902
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