Legal Opinion

Reading Braid Co. v. Stewart

Appellate Terms of the Supreme Court of New York

Decided April 15, 1897Published

Appeal by defendant Stewart from affirmance by the City Court, General" Term, of a judgment in favor of plaintiff.

1Opinion of the CourtMcAdam, J.

The defendant Stewart and one Stunn carried on business as partners under the name of the Arlington Embroidery *87Works, and the action is to recover a balance due for goods sold and delivered to them between January 4th and March 16, 1895. Stewart alone defended, claiming that on February 23, 1895, he sold out his interest in the business to Sturm, and promptly gave notice of his retirement by mailing postal cards to all the creditors of the concern. The plaintiff contended that notwithstanding Stewart’s withdrawal from the firm the Arlington Embroidery Works was run as before, the old signs…

2Cases cited5 opinions

  1. Beakes v. . DacunhaNew York Court of Appeals · 1891
  2. Austin v. . HollandNew York Court of Appeals · 1877
  3. Frankel v. WathenNew York Supreme Court · 1890
  4. Hughes v. HughesNew York Court of Common Pleas · 1894
  5. Ransom v. WheelwrightAppellate Terms of the Supreme Court of New York · 1897

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