Lamb v. Grover
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The referee found that on the 1st of November, 1858, the following written contract was made and entered into between one 0. 0. Adams and the plaintiff, under their hands and seals : “ This agreement, made the first day. of November, one thousand eight hundred and fifty-eight, by and between John H. Lamb, of the town of Nunda and county of Livingston, of the first part, and 0. 0. Adams, of the town of Portage in…
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APPEAL from a judgment entered upon the report of a referee. The referee found that on the 1st of November, 1858, the following written contract was made and entered into between one 0. 0. Adams and the plaintiff, under their hands and seals : “ This agreement, made the first day. of November, one thousand eight hundred and fifty-eight, by and between John H. Lamb, of the town of Nunda and county of Livingston, of the first part, and 0. 0. Adams, of the town of Portage in said county, of the second part, witnesseth: The party of the first part covenants and agrees, to and with the party of…
1Opinion of the Court
By the Court, Welles, J.
The agreement between the plaintiff and Adams, of November 1, 1858, under which the latter received and sold goods, as stated in the case, did not constitute them partners. It amounted to nothing more than an arrangement between them by which Adams was to sell such goods as the plaintiff should furnish^him, and as a compensation for the services of the former in selling them, he was to receive- one half of the profits on the sales. Adams stood in the relation of servant or agent of the plaintiff in the transactions which took place under the agreement. The agreement…
2Cited by5 opinions
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- Hunt v. ChapinNew York Supreme Court · 1872
- In re Weber Furniture Co.U.S. Circuit Court for the District of Eastern Michigan · 1876
- Macauley v. PalmerNew York Supreme Court · 1888
- Munro v. WhitmanNew York Supreme Court · 1876