Burckle v. Eckart
New York Supreme Court
Assumpsit, tried before Edmonds, C. Judge, at the New-York circuit in November, 1845. The action was upon a written agreement dated March 2d, 1841, signed by the plaintiff and by James Gibb & Co., which is set forth in the report of this case, when formerly before the court, in 1 Denio, 337. It will be seen from the case as reported, that the principal question upon the first trial was, whether the defendant Eckart was a member of the firm of James Gibb &. Co., and that a…
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Assumpsit, tried before Edmonds, C. Judge, at the New-York circuit in November, 1845. The action was upon a written agreement dated March 2d, 1841, signed by the plaintiff and by James Gibb & Co., which is set forth in the report of this case, when formerly before the court, in 1 Denio, 337. It will be seen from the case as reported, that the principal question upon the first trial was, whether the defendant Eckart was a member of the firm of James Gibb &. Co., and that a verdict for the plaintiff was set aside because the evidence did not establish that fact. On the second trial the…
1Opinion of the Court
By the Court, Jewett, J.
Is there evidence showing that Eckart was one of the members of the firm of James Gibb & Co. who signed and made the contract with the plaintiff, on ’ which he sues? If not, there must be a new trial on that ground. The judge charged that the decree in chancery established that fact conclusively. Conceding that it does in terms, It is still objected that it is void on the ground that the vice chancellor, before whom the bill was filed and by whom the decree was made, had no jurisdiction of the subject matter, or of the defendants.
The vice chancellor had only such…
2Cases cited1 opinion
- Borden v. FitchNew York Supreme Court · 1818
3Cited by6 opinions
- Latham v. EdgertonNew York Supreme Court · 1828
- President & Directors of the Bank of Commerce v. Rutland & Washington RailroadNew York Supreme Court · 1854
- Worthington v. London Guarantee & Accident Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Barnes v. . HarrisNew York Court of Appeals · 1850
- Barnes v. HarrisNew York Court of Appeals · 1850
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