Mill Factors Corp. v. Margolies

McAvoy, J.:

Each of the eight actions here on appeal is for goods sold and delivered. The complaint alleges that Joseph L. Cahn, Louis Margolies and Samuel Meadow were all copartners doing business as Joseph L. Cahn & Company. There is no dispute about the sale and delivery and non-payment of the merchandise. The partnership of the respondents Margolies and Meadow is alone contested. They deny that they are partners of Joseph L. Cahn & Company, and the plaintiff asserts that they were partners at the time of the sale and delivery of the goods.

The trial court dismissed the complaint.

The…