Austin, Nichols & Co. v. Neil
Supreme Court of New Jersey
The case' certified by the Monmouth Circuit is as follows: The plaintiffs, wholesale grocers in New York City, sold goods on credit to the defendant William Neil, for use at the Beach House, a summer hotel at Sea Girt, New Jersey.
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The case' certified by the Monmouth Circuit is as follows: The plaintiffs, wholesale grocers in New York City, sold goods on credit to the defendant William Neil, for use at the Beach House, a summer hotel at Sea Girt, New Jersey. Said Neil’s interest in that hotel was under an agreement with the other defendant, a copy whereof is hereto annexed, of which agreement the plaintiffs had no knowledge.- The foregoing case is stated as one of doubt and difficulty, and certified to be argued at the bar of the Supreme Court for its advisory opinion whether or not the-plaintiffs can recover against…
1Opinion of the Court
The opinion of the court was delivered by
Dixon, J.
As the certificate from the Circuit Court does not show that Mrs. Lucas actually engaged in the business of carrying on the hotel or held herself out as a partner, the sole question is whether the contract set forth in the certificate, proprio vigore, created the relation of partnership between her and Mr. Neil, who alone purchased goods from the plaintiffs.
The contract was in terms a lease, by which Mrs. Lucas 'let to Neil the hotel, furniture and appointments for the period of four months from June 1st, 1896, at a rent of indefinite amount,…
2Cases cited1 opinion
- Wix v. FrankelNew Jersey Court of Chancery · 1917
3Cited by7 opinions
- Fink v. BrownTexas Commission of Appeals · 1919
- United States Ex Rel. Kessler v. Mercur Corp.Court of Appeals for the Second Circuit · 1936
- McDaniel v. State Fair of TexasCourt of Appeals of Texas · 1926
- Wagner v. ButtlesWisconsin Supreme Court · 1912
- Coombs v. CommissionerUnited States Board of Tax Appeals · 1930
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