Kelley v.Hurlburt
New York Supreme Court
Assumpsit tried at the Cayuga circuit, September 10th 1824, before Throop, C. Judge; when a verdict was taken , . ,, , .. _ . for the plaintiffs subject to the opinion ol the court upon a cage , and with leave to either party to turn it into a special verdict. . The facts are stated in the opinion of the court.
1Opinion of the Court
Curia, per Sutherland, J.
The plaintiffs sold 652 dollars and 61 cents worth of goods, wares and merchandizes to Simeon Hurlburt, one of the defendants, in May, 1823. At the time of the sale, nothing was said about Hurlburt’s having a partner, and the plaintiffs being ignorant 0f that fact, took the individual note of Hurlburt for the amount of the goods sold, payable in six months. Hurlburt having failed, and the plaintiffs having learned that Stuart had been concerned with him in trade, they commenced their suit against1 them as partners, for the goods sold to Hurlburt. On the trial, they…
2Cases cited2 opinions
- Ketcham v. ClarkNew York Supreme Court · 1810
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- Stockman-Farmer Pub. Co. v. PorterAppellate Division of the Supreme Court of the State of New York · 1915
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