Legal Opinion

Smith v. Ferguson

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898Published

Appeal by the defendant, George D. Ferguson,'as. sole surviving partner of the firm of George I). Ferguson & Company, from .so much of a judgment of the Supreme Court in favor of the plaintiff, -entered in the office’of the clerk of the county of Kings on the 2.6th day of February, 1898, upon the verdict of a jury rendered by direction of the court, as awards judgment against him as sole surviving partner.

1Opinion of the Court

Hatch, J.:

The complaint sets out a cause of action for goods sold and delivered by the plaintiffs to the ‘firm of George D. Ferguson & Co., consisting of the defendant and Dorothy Ferguson. It also averred the death of the latter and. the continuance of the defendant as sole svirvivor. It further averred the execution and delivery of a promissory note by the defendant to the plaintiffs for the amount of the bill, after the death of Dorothy, the non-payment of said note at maturity, and demanded judgment for the amount of' the bill, interest and costs. These averments constituted a good cause…

2Cases cited5 opinions

  1. Williams v. . WhedonNew York Court of Appeals · 1888
  2. Jagger Iron Co. v. . WalkerNew York Court of Appeals · 1879
  3. Grant v. ShurterNew York Supreme Court · 1828
  4. Nehrboss v. . BlissNew York Court of Appeals · 1882
  5. Goelet v. M'KinstryNew York Supreme Court · 1800

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