Williams v. . Gillies
New York Court of Appeals
Appeal on behalf of defendant James W. Gillies from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 13 Hun, 422.) The facts appear sufficiently in the opinion.
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Appeal on behalf of defendant James W. Gillies from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 13 Hun, 422.) The facts appear sufficiently in the opinion. The finding of fact that it was agreed that the property was bought for the joint benefit of certain persons who were to share in the profits was not equivalent to a finding that there was a partnership. (Bocklin v. Hardenburgh, 60 N. Y., 9; Potter v. McClure, 15 Wend., 187;…
1Opinion of the Court
Church, Ch. J.
This appeal is on behalf of the defendant Gillies, and is from a judgment for deficiency arising upon a sale under a foreclosure of a mortgage executed by one Dobbs to the plaintiff’s testator to secure the balance of purchase-money upon the sale and purchase of several unimproved lots in the city of New York. The mortgage was given to secure a bond executed by said Doblis for such purchase-money. The defendant Gillies was charged by the Special and General Terms on the ground that he was a co-partner with Dobbs in the purchase, and was liable as an obligor of the bond. The…
2Cases cited6 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Chester v. . DickersonNew York Court of Appeals · 1873
- Bird v. MorrisonWisconsin Supreme Court · 1860
- National Bank of Salem v. . ThomasNew York Court of Appeals · 1871
- The Ontario Bank v. . HennesseyNew York Court of Appeals · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Crowley v. LewisNew York Court of Appeals · 1925
- First National Bank v. HooverSupreme Court of Kansas · 1923
- Buckley v. . DoigNew York Court of Appeals · 1907
- Dillaway v. PetersonSouth Dakota Supreme Court · 1898
- Jones v. . GouldNew York Court of Appeals · 1913
14 more not listed; retrieve them via the Exa API.