Emerson v. . Parsons
New York Court of Appeals
Appeal from a judgment of the General Term of the Superior Court of the city of blew York, affirming a judgment in favor of defendants, entered upon a verdict and affirming an order denying motion for new trial. (Reported below, 2 Sweeny, 447.) The action was for a balance of $833.33 due on an adver-. tising contract, claimed to have been made with defendants and one Edward F. Baker as partners. The partnership alone was contested.
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Appeal from a judgment of the General Term of the Superior Court of the city of blew York, affirming a judgment in favor of defendants, entered upon a verdict and affirming an order denying motion for new trial. (Reported below, 2 Sweeny, 447.) The action was for a balance of $833.33 due on an adver-. tising contract, claimed to have been made with defendants and one Edward F. Baker as partners. The partnership alone was contested. That was proved on the part of plaintiff by the partnership articles of date 26 June, 1867, and plaintiff rested. The defendants, Parsons, alleged and swore that…
1Opinion of the Court
Ohueoh, Oh. J.
The only exception taken in this case, was as to the admission of the paper of September 3d, signed by Baker, and certifying that he had purchased the interest of the other two members of the firm, in the firm, and agreeing to assume all the liabilities of the firm. There is also an exception to that part of the charge relating to “ this writing,” which it is claimed refers to the paper of September 3d, although other writings were introduced in evidence. Assuming this, the same question is substantially presented upon both exceptions, and that is, that this paper was…
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