Noyes v. Turnbull
New York Supreme Court
Appeal from special term. Theodore L. Pomeroy had for some years prior to his death carried on a manufacturing business in Massachusetts with his son Silas H. as his partner, under the name of L. Pomeroy’s Sons.
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Appeal from special term. Theodore L. Pomeroy had for some years prior to his death carried on a manufacturing business in Massachusetts with his son Silas H. as his partner, under the name of L. Pomeroy’s Sons. He died in September, 1881, having made his will, by which he gave all this manufacturing property to three trustees, William Turnbull, Silas H. Pomeroy, and Charles Atwater, in trust, to continue and carry on the business until his son Theodore L. should arrive at 21, incurring liabilities on account of the estate, exercising the same power which the testator exercised, and paying…
1Dissent
Ingalls, J.,
(dissenting.) This action was brought by the plaintiff to recover upon two promissory notes, of which the following are copies:
*117“L. Pomeroy’s Sons.
“$1,197.76. Pittsfield, Mass., May 23, 1887.
“Pour months after date we promise to pay to the order of John Gonsalus eleven hundred and ninety-seven 76 dollars at the Agricultural Bank. Value received. L. Pomeroy’s Sons. ”
“L. Pomeroy’s Sons.
“$2,244.11. Pittsfield, June 9, 1887.
“ Thirty days after date we promise to pay to the order of John Gonsalus twenty-two hundred and forty-four 11 dollars at the Agricultural Bank. Value received. L.…
2Cases cited8 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- Fowler v. . Bowery Savings BankNew York Court of Appeals · 1889
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Schmittler v. . SimonNew York Court of Appeals · 1886
- New v. . NicollNew York Court of Appeals · 1878
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