Tracy v. . McManus
New York Court of Appeals
Appeal front order, of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon a verdict, and granting a new trial. ■ . This action was brought against the defendant McManus, together with John Tighe and Edwin T. Eobinson, to recover the value of a. quantity of barley, malt, alleged .by the plaintiff to have been sold and delivered to defendants as partners, under the firm name of Tighe & Eobinson. . The…
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Appeal front order, of the General Term of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon a verdict, and granting a new trial. ■ . This action was brought against the defendant McManus, together with John Tighe and Edwin T. Eobinson, to recover the value of a. quantity of barley, malt, alleged .by the plaintiff to have been sold and delivered to defendants as partners, under the firm name of Tighe & Eobinson. . The issue upon the trial, between plaintiff and defendant McManus, was whether he (McManus) was liable to plaintiff as a…
1Opinion of the CourtRapallo, J.
Two rulings upon evidence made upon the trial are, in the opinion of the General Term, stated as the grounds upon which a new trial was granted in this case. If either of these rulings was erroneous and material, the new trial was properly granted, and the order of the General Term must be sustained, and reference to any of the numerous exceptions to other rulings becomes unnecessary.
The appellant, McManus, was sought to be charged as a copartner in the firm of Tiglie & Robinson, in the business of brewing and distilling. He denied being a partner in the firm. The evidence to connect him with…
2Cited by5 opinions
- Chamberlain v. . IbaNew York Court of Appeals · 1905
- Hopler v. Hunter Arms Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Griffin v. CarrAppellate Division of the Supreme Court of the State of New York · 1897
- Kaufman v. ChristySupreme Court of Kansas · 1915
- Mohawk National Bank v. Van SlyckNew York Supreme Court · 1883