Lobsitz v. E. Lissberger Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Maurice Lobsitz, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of April, 1915, sustaining a demurrer to the complaint.
1Opinion of the Court
Scott, J.:
The complaint alleges that on or about October 31, 1914, plaintiff and defendant entered into a “ partnership or joint adventure ” to purchase and sell camel’s hair stock; that it was agreed that they should purchase a quantity of the specified goods to be received, held and disposed of by the parties to this action for their joint account; that they should share equally in the profits and losses and that the goods should be purchased and stored in the name of defendant, except 262 bales which were to be stored in the name of plaintiff. The complaint then goes on to state in detail…
2Cases cited1 opinion
- Ross v. WillettNew York Supreme Court · 1894
3Cited by3 opinions
- George W. Haxton & Son, Inc. v. RichAppellate Division of the Supreme Court of the State of New York · 1944
- Slaton v. JonesCourt of Appeals of Arkansas · 2004
- Lobsitz v. E. Lissberger Co.Appellate Division of the Supreme Court of the State of New York · 1915