Lapinsky v. Colish
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment in favor of the defendants rendered in the Municipal Court of the city of New York, second district, borough of Manhattan.
1Opinion of the CourtFord, J.
Plaintiff sues for goods sold and delivered. One paragraph of his complaint alleges that the defendants are partners. The next paragraph alleges a sale and delivery of goods to the defendants. The defendant Moses Colish answered.
On the trial, plaintiff could not prove the partnership, but at the close of the plaintiff’s case defendant’s counsel admitted that Moses Colish owed $188.25, which is the amount of plaintiff’s claim. Plaintiff then moved to amend the complaint so as to allege a cause of action against Moses *320Oolish individually instead of against a partnership and to discontinue as…
2Cases cited5 opinions
- Stimson v. Van PeltNew York Supreme Court · 1868
- Lawton v. PartridgeAppellate Division of the Supreme Court of the State of New York · 1906
- Universal Cutter Co. v. EmdenAppellate Terms of the Supreme Court of New York · 1907
- Hand v. RogersAppellate Terms of the Supreme Court of New York · 1896
- Knickerbocker Ice Co. v. TheissAppellate Terms of the Supreme Court of New York · 1898