Legal Opinion
Kelly v. Theiss
City of New York Municipal Court
Decided February 15, 1898PublishedCited by 1 opinion
• Appeal from a judgment entered upon an order dismissing the plaintiff’s complaint as against this defendant-respondent at the conclusion of a trial before the court and a jury.
1Opinion of the CourtO’Dwyer, J.
This action was brought by the plaintiff against the' respondent and others upon a complaint wherein it was alleged-that:
“George Theiss” and “John Henry Theiss” (the respondent) were copartners'in business under the firm name and style of ■*“ George Theiss & Brother,” and that On the 23d day of June, 1896, the said George Theiss and John Henry. Theiss made and ■executed a promissory note, a' copy of which is set forth in the -complaint and signed “ George Theiss & Bro.”
The respondent made answer denying these allegations in toto, and putting in issue the material allegations of the complaint.
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2Cases cited5 opinions
- Goodwin v. . WertheimerNew York Court of Appeals · 1885
- Ferris v. . HardNew York Court of Appeals · 1892
- Societa Italiana Di Beneficenza v. SulzerNew York Court of Appeals · 1893
- Balmford v. Grand Lodge of the Ancient Order of United WorkmenAppellate Terms of the Supreme Court of New York · 1896
- Brady v. HutkoffThe Superior Court of the City of New York and Buffalo · 1895
3Cited by1 opinion
- Wernekoff v. Lincoln Holding Co.Appellate Terms of the Supreme Court of New York · 1910