Gebhard v. . Parker
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made June 13, 1887, which affirmed a judgment in favor of plaintiffs entered upon a verdict. The nature of the action and the facts are sufficiently stated in the opinion.. This was a case in which a demand was proper.. (Code Civ. Pro. § 531; Dowdney v. Volkenning, 5 J. & S. 313; Barkley v. R. & S. R. R. Co., 27 Hun, 515; 3 Johns..
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made June 13, 1887, which affirmed a judgment in favor of plaintiffs entered upon a verdict. The nature of the action and the facts are sufficiently stated in the opinion.. This was a case in which a demand was proper.. (Code Civ. Pro. § 531; Dowdney v. Volkenning, 5 J. & S. 313; Barkley v. R. & S. R. R. Co., 27 Hun, 515; 3 Johns.. Ch. 587.) The question of the precluding evidence of the account was properly raised at the trial. (Code Civ. Pro. § 531; Moore v. Belloni, 9 J. & S. 184.…
1Opinion of the CourtBradley, J.
The action was brought against the appellant, one Frecknall and another as defendants, and by the complaint the plaintiffs alleged that the defendants, at the time in question, were copartners, doing business in the partnership name of the “ Daily Hotel Gazette Publishing Company” and of the “ Daily Standard,” and that between July 2, 1885, and August 31,1885, the plaintiffs sold .and delivered to the defendants, as such copartners, at their request, certain goods at an agreed price mentioned, which remained unpaid. The defendant Parker denied the alleged copartnership, and alleged that the…
2Cases cited1 opinion
- Kellogg v. PaineNew York Supreme Court · 1853
3Cited by11 opinions
- Kaufman v. . HopperNew York Court of Appeals · 1917
- Smith v. Bradstreet Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Jones v. Northern Trust Co.Supreme Court of Minnesota · 1897
- Hein v. Honduras SyndicateAppellate Division of the Supreme Court of the State of New York · 1910
- Weston v. WestonAppellate Division of the Supreme Court of the State of New York · 1902
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