Shubert v. Keit

The evidence is convincing that a definite contract was entered into between these parties. The writing which followed may be treated as mere surplusage, for it was nothing more than formal repetition. By the arrangement the two became coadventurers "bound by fiduciary obligations akin to those of partners. There was thus created a confidential relationship. In these respects and possibly others this case may well be distinguished *331from Armstrong v. Rickard (199 App. Div. 880) and the other authorities cited by the defendant. In fact, in the Armstrong case no copartnership whatever was…