Everett v. Coe
New York Supreme Court
Motion to set aside the report of a sole referee. The action was assumpsit for goods sold and delivered. Plea non-assumpsit. The plaintiff was a merchant, and the goods for the-sale of which he sought to recover, were delivered by him subsequent to May 1, 1844, on the orders of Marble & Penny, who were manufacturers of cotton goods, at The Farmers’ Factory, so called, in the neighborhood of the plaintiff’s store.
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Motion to set aside the report of a sole referee. The action was assumpsit for goods sold and delivered. Plea non-assumpsit. The plaintiff was a merchant, and the goods for the-sale of which he sought to recover, were delivered by him subsequent to May 1, 1844, on the orders of Marble & Penny, who were manufacturers of cotton goods, at The Farmers’ Factory, so called, in the neighborhood of the plaintiff’s store. The orders were drawn in favor of operatives and others in payment for services rendered in the business of the factory. The plaintiff sought to charge the defendant as a partner…
1Opinion of the Court
By the Court, Beardsley, Ch. J.
That we may be prepared to give a satisfactory answer to the question whether the defendant was a partner of Marble & Penny, it is first necessary to look at the contract entered into between them in the *182spring of 1844, and determine, in one particular, its true sense and meaning. By that contract Marble & Penny agreed to take of the defendant the Farmers’ Factory, at Paris, Oneida pounty, and to run the same on certain terms therein specified. The first of these terms or conditions was that the defendant should furnish the necessary means to enable them to…
2Cases cited1 opinion
- Dob & Dob v. HalseyNew York Supreme Court · 1819
3Cited by8 opinions
- Leggett v. . HydeNew York Court of Appeals · 1874
- Catskill Bank v. Horace Gray & the Ulster Iron Co.New York Supreme Court · 1851
- Eager v. . CrawfordNew York Court of Appeals · 1879
- Lefevre v. SiloAppellate Division of the Supreme Court of the State of New York · 1906
- Penny v. BlackThe Superior Court of New York City · 1862
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