Richardson v. . Hughitt
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendant Hughitt, entered on a decision of the court bn trial, without a jury. This action was brought to recover rent due under a lease from plaintiff to the firm of Bench Bros. & Co. Defendant Hughitt alone answered, denying that he was a member of said firm.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of defendant Hughitt, entered on a decision of the court bn trial, without a jury. This action was brought to recover rent due under a lease from plaintiff to the firm of Bench Bros. & Co. Defendant Hughitt alone answered, denying that he was a member of said firm. The following facts appeared upon the trial: The defendants, Bench and Hogeboom, were co-partners in the business of making wagons and other carnages, at Auburn, for many year prior to the 1st of October,…
1Opinion of the CourtMiller, J.
The facts in this case are uncontradicted; and the question to be determined is whether Hughitt had such an interest in the profits of the business of Bench Bros. & Co. as to render him liable, jointly, as a partner, with the other defendants to third parties. Hughitt was to advance money upon the wagons manufactured, upon the terms provided for in the contract, and with- the single exception of the provision made therein, that Bench Bros. & Co. were to pay one-fourth of the net profits upon the sales of wagons, with interest on the advances made at five and one-quarter per cent, so far as…
2Cases cited6 opinions
- Leggett v. . HydeNew York Court of Appeals · 1874
- Manhattan Brass & Manufacturing Co. v. SearsNew York Court of Appeals · 1871
- Vanderburgh v. Hull & BowneNew York Supreme Court · 1838
- Burckle v. EckartCourt for the Trial of Impeachments and Correction of Errors · 1845
- Parker v. CanfieldSupreme Court of Connecticut · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Meehan v. ValentineSupreme Court of the United States · 1892
- Orvis v. . CurtissNew York Court of Appeals · 1899
- Wagner v. DerecktorNew York Court of Appeals · 1954
- Goodman v. OlsenSupreme Court of Florida · 1974
- Cassidy v. . HallNew York Court of Appeals · 1884
60 more not listed; retrieve them via the Exa API.