Burnett v. . Snyder
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of defendant Snyder, entered upon the report of a referee. (Reported below, 11 J. & S., 238.) This action was brought to recover an indebtedness of the firm of Strang, Platt & Co., of which firm defendants were, alleget] to be members.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, affirming a judgment in favor of defendant Snyder, entered upon the report of a referee. (Reported below, 11 J. & S., 238.) This action was brought to recover an indebtedness of the firm of Strang, Platt & Co., of which firm defendants were, alleget] to be members. Defendant Snyder, who alone appeared and answered, denied that he was a partner. 'On December 31, 1869, written articles of co-partnership were executed by the other defendants, five in number. On the same day an agreement was executed by…
1Opinion of the CourtDanforth, J.
The question upon this appeal is whether the legal effect of the agreement entered into between the defendant Snyder, Peter O. Strang and Ammon Platt is such that Snyder- thereby became a member of the firm of Strang, Platt & Co. There is nothing else to be considered, for the referee has found not only that Snyder was .not a partner, but that he was not held out as being a partner, either by himself or by members of the firm ; and further, that the plaintiff had no belief prior to the year 1875 (several years after the debt in suit was contracted) that Snyder was a member of the firm.
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2Cases cited5 opinions
- Leggett v. . HydeNew York Court of Appeals · 1874
- Manhattan Brass & Manufacturing Co. v. SearsNew York Court of Appeals · 1871
- Chase v. BarrettNew York Court of Chancery · 1833
- Catskill Bank v. Horace Gray & the Ulster Iron Co.New York Supreme Court · 1851
- The Ontario Bank v. . HennesseyNew York Court of Appeals · 1872
3Cited by23 opinions
- Burnet v. LeiningerSupreme Court of the United States · 1932
- Sanger v. . FrenchNew York Court of Appeals · 1898
- Mitchel v. BowersCourt of Appeals for the Second Circuit · 1926
- Burnett v. . SnyderNew York Court of Appeals · 1880
- Burley Irr. Dist. v. IckesCourt of Appeals for the D.C. Circuit · 1940
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