Davis v. . Allen
New York Court of Appeals
Su el Davis brought assumpsit in the supreme court against John Allen, Jonathan Child and William Griffith, as partners constituting a firm under the name and style of “ The Albany and Buffalo Towing Company.” The declaration was for work and labor, money had and received, &c. The cause was heard before referees, who reported in favor of the plaintiff.
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Su el Davis brought assumpsit in the supreme court against John Allen, Jonathan Child and William Griffith, as partners constituting a firm under the name and style of “ The Albany and Buffalo Towing Company.” The declaration was for work and labor, money had and received, &c. The cause was heard before referees, who reported in favor of the plaintiff. The supreme court sitting in the eighth district refused to set aside the report, and rendered judgment thereon in the plaintiff’s favor. The defendants appealed to this court. The facts are sufficiently stated in the opinion.
1Opinion of the Court
Jewett, Ch. J.
The referees found the fact that The Albany and Buffalo Towing Company, on the 26th day of November, 1840, was indebted to the plaintiff in the sum of $125,'92, for blacksmithing done by him, for the company, between the first of June and that day. That Levi Darling was the station keeper and agent of the company at Reyn ale’s Basin, where the plaintiff resided, at that time, and had for several years previously. That Griffith, one of the defendants, was superintendent-of the company and a member of it, and a few days prior to the 26th day of November, directed Darling to get…
2Cases cited2 opinions
- Tobey v. BarberNew York Supreme Court · 1809
- Cheever v. SmithNew York Supreme Court · 1818
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- Thorman v. PolyaNew York Court of Common Pleas · 1892
- Dawson v. PogueOregon Supreme Court · 1888
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