Burns v. Rowland
New York Supreme Court
PPEAL from a judgment entered upon the report of a referee. The action was brought to charge the defendants as copartners, as acceptors of a bill of exchange drawn by one Hussey, upon their promise in writing to accept the same, before it- was drawn.
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PPEAL from a judgment entered upon the report of a referee. The action was brought to charge the defendants as copartners, as acceptors of a bill of exchange drawn by one Hussey, upon their promise in writing to accept the same, before it- was drawn. The defendants, by their answer, denied that, they were ever copartners, or that they ever authorized Hussey to draw any draft or other obligation on them, or the firm; or that they ever promised the plaintiff: to accept and pay said draft. The referee found as matters of fact that the defendants had agreed to enter into partnership on some terms…
1Opinion of the Court
By the Court, Scrugham, J.
The defendants, in the latter part of the year 1857, agreed to enter into copartnership as produce commission merchants, and that the business should. commence as soon as the defendant Rhodes should receive and pay in about $6000, which it was expected he -would do prior to the 1st January, 1858. The money was not received, but nevertheless an office was taken by the parties upon which a sign was put, containing the name of the firm, Rowland, Rhodes & Co., and bill-heads were printed, and a set of books opened, in the same name. These circumstances were known to the…
2Cases cited1 opinion
- Ulster County Bank v. McFarlanCourt for the Trial of Impeachments and Correction of Errors · 1846
3Cited by11 opinions
- Blair v. BuserIndiana Superior Court · 1873
- Mech. Farmers' Bank of Albany v. . WixsonNew York Court of Appeals · 1870
- Dovey's AppealSupreme Court of Pennsylvania · 1881
- Fisher v. SharpeNew York Court of Common Pleas · 1874
- Stiles v. MeyerNew York Supreme Court · 1872
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