Pattison v. . Blanchard
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the fourth district, where judgment had been rendered in favor of the defendant, upon demurrer to the declaration.
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Appeal from the general term of the Supreme Court, in the fourth district, where judgment had been rendered in favor of the defendant, upon demurrer to the declaration. (Reported below, 6 Barb. 537.) The declaration, which was in assumpsit, stated, in substance, that, on the 25th April 1844, the plaintiffs, doing business by the style of the Northern Transportation Company, at Troy, made an agreement with the defendant, whereby, in consideration that .the plaintiffs, among other things, agreed to relinquish and surrender unto the defendant that part of the mail-route No. 933, between Saratoga…
1Opinion of the CourtGkay, J.
A partnership is defined to be a contract of two or more persons, to place their money, effects, labor or skill, or some or all of them, in lawful commerce or business, and to divide the profits and bear the loss in certain proportions. (3 Kent’s Com. 23.) And to constitute a partnership in a single concern, there must be a joint undertaking to share in the profit and loss. (Bostwick v. Champion, 11 Wend. 580, and cases there cited; Green v. Beesley, 2 Bing. N. C. 108.) In the case under consideration, each party was to stock a particular portion of the stage-route from Saratoga to Sandy…
2Cases cited2 opinions
- Vassar v. CampNew York Supreme Court · 1852
- Cummings v. MillsNew York Court of Common Pleas · 1866
3Cited by16 opinions
- In re the Accounting of the Marine Midland Trust Co.Appellate Division of the Supreme Court of the State of New York · 1971
- Cogswell v. WilsonOregon Supreme Court · 1884
- Smith v. MaineNew York Supreme Court · 1932
- H. H. Worden Co. v. BealsOregon Supreme Court · 1926
- Claim of Manning v. WhalenAppellate Division of the Supreme Court of the State of New York · 1940
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