Legal Opinion
Martin v. Peyton
New York Court of Appeals
Decided July 20, 1927PublishedCited by 74 opinions
1Opinion of the CourtAndrews, J.
Much ancient learning as to partnership is obsolete. Today only those who are partners between themselves may be charged for partnership debts by others. (Partnership Law [Cons. Laws, ch. 39], sec. 11.) There is one exception. Now and then a recovery is allowed where in truth such relationship is absent. This is because the debtor may not deny the claim. (Sec. 27.)
Partnership results from contract, express or implied. If denied it-may be proved by the production of some written instrument; by testimony as to some conversation; by circumstantial evidence. If nothing else appears the receipt by…
2Cases cited2 opinions
- Giles v. VetteSupreme Court of the United States · 1924
- Thillman v. BentonCourt of Appeals of Maryland · 1895
3Cited by74 opinions
- Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
- Dallas Aerospace, Inc., Plaintiff-Counter-Defendant-Appellant v. Cis Air Corporation, Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Second Circuit · 2003
- Spier v. LangCalifornia Supreme Court · 1935
- Beacon Terminal Corp. v. Chemprene, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
- Coppola v. Bear Stearns & Co., Inc.Court of Appeals for the Second Circuit · 2007
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