Mohawk National Bank v. Van Slyck
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon a verdict directed by the court, and from an order denying a motion for a new trial made upon tbe minutes of the justice before wbom the action was tried. The action was brought to recover the amount due upon two-promissory notes, the plaintiff claiming that the defendants were-liable ¿ás indorsers thereof.
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Appeal from a judgment in favor of the plaintiff, entered upon a verdict directed by the court, and from an order denying a motion for a new trial made upon tbe minutes of the justice before wbom the action was tried. The action was brought to recover the amount due upon two-promissory notes, the plaintiff claiming that the defendants were-liable ¿ás indorsers thereof. On the 24th of April, 1878, the defendants made a written and sealed agreement; the defendant Toll being the party of the second part, and the other defendants parties of the first part; The defendants Bronson and Stratton…
1Opinion of the Court
Learned, P. J.:
The agreement and the acts of the parties under it made them copartners. This is not such a case as that of Burckle v. Eckhart (1 Denio, 337), cited by defendant, where there was no community of interest in the capital stock; where Eckert acted only as agent or servant; subject to orders of his employers; having nothing to do with losses; but taking his share of profits in lieu of wages. On the contrary, in this agreement, each person was to share equally in losses as well as profits. It is expressly said that, in case of loss, Toll was to contribute ratably. The capital was…
2Cases cited6 opinions
- Winship v. the Bank of the United StatesSupreme Court of the United States · 1831
- Leggett v. . HydeNew York Court of Appeals · 1874
- Burckle v. EckartCourt for the Trial of Impeachments and Correction of Errors · 1845
- Bank of Rochester v. MonteathCourt for the Trial of Impeachments and Correction of Errors · 1845
- The Nat. Bk. of Watertown v. . LandonNew York Court of Appeals · 1871
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