Munro v. Whitman
New York Supreme Court
Appeal from a judgment in favor of the defendant, entered upon the report of a referee. This action was brought to secure an accounting between the parties hereto, the plaintiffs claiming that they and the defendant were copartners.
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Appeal from a judgment in favor of the defendant, entered upon the report of a referee. This action was brought to secure an accounting between the parties hereto, the plaintiffs claiming that they and the defendant were copartners. The referee found “ that on or about the 10th of May, 1866, the plaintiffs and defendant entered into business relations as follows : The plaintiffs, who owned certain real estate in Chicago, Illinois, suitable for the manufacture of wooden-ware, agreed to furnish the same and necessary stock to carry on the manufacture and sale of wooden-ware, and the defendant…
1Opinion of the Court
Taloott, J.:
This action was commenced for an accounting as between partners. The referee has dismissed the complaint, on the ground that there was no partnership. In this he has proceeded entirely upon the ground that, at the time of the agreement by which the relations of the parties was established, nothing was said about any possible losses, none of the parties contemplating such a contingency. In the conclusion that the parties were not partners, because of the absence of any agreement to share the losses, the referee clearly committed an error. True, a person may, by the agreement…
2Cases cited3 opinions
- Vanderburgh v. Hull & BowneNew York Supreme Court · 1838
- Burckle v. EckartCourt for the Trial of Impeachments and Correction of Errors · 1845
- Lamb v. GroverNew York Supreme Court · 1866