Fassy v. Jacobs
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Sam Fassy and Jacob Orloff, as copartners doing business ■under the firm name and style of Fassy & Orloff, against Morris Jacobs, doing business under the firm name of Jacobs Bros. Judgment for plaintiffs, and defendant appeals.
1Opinion of the CourtHendrick, J.
Two brothers were sued herein as “Samuel Jacobs and Benjamin Jacobs, copartners in business under the firm name and style of Jacobs Bros.” An affidavit follows the complaint in the printed case, in which affiant states that he served the summons and complaint upon defendant Samuel Jacobs, whom he knew to be the person described in the complaint. The codefendant does not seem to have been served. Both defendants appeared by attorney and served a joint answer. On the trial no cause of action was proved against either defendant. Instead of being copartners, the proof shows that Benjamin is in…
2Cases cited2 opinions
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- New York State Monitor Milk Pan Ass'n v. Remington Agricultural WorksNew York Court of Appeals · 1882
3Cited by2 opinions
- Morrison County Lumber Co. v. DuclosSupreme Court of Minnesota · 1915
- Fleishner v. SacksAppellate Terms of the Supreme Court of New York · 1913