Hunt v. Chapin
New York Supreme Court
The action was brought upon a promissory note, which was as follows; “$2,562.50. Vicksburg, July 31 st, 1866. “ Four months after date we promise to pay to Hunt & Macaulay, or order, twenty-five hundred and sixty-two and --^¡l dollars, for value received, with interest at ten per cent per annum from date till paid. (Signed) “ COWER & CHAPIR, Agents.” The defendant Cowen did not appear and answer.
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The action was brought upon a promissory note, which was as follows; “$2,562.50. Vicksburg, July 31 st, 1866. “ Four months after date we promise to pay to Hunt & Macaulay, or order, twenty-five hundred and sixty-two and --^¡l dollars, for value received, with interest at ten per cent per annum from date till paid. (Signed) “ COWER & CHAPIR, Agents.” The defendant Cowen did not appear and answer. The case was tried before Justice Boches, without a jury, in Sara-toga county, in March, 1870. The justice found the facts as follows: 1st. Prior to 1865, there had existed at Vicksburg, Miss., a…
1Opinion of the Court
By the Court—Miller, P. J.
The business of the defendants, as merchants, was conducted under the name of<£ Cowen & Chapin, agentsand Cowen’s compensation for his ser*142vices in managing and conducting the same was to be one-half of the profits; no arrangement being made as to the losses.
Admitting that, ordinarily, a participation in the profits will establish the existence of a partnership between the parties in favor of third persons, in the absence of all other opposing circumstances, yet, as the proof shows that the profits were a measure of compensation, it may be questionable whether the…
2Cases cited4 opinions
- Burckle v. . EckhartNew York Court of Appeals · 1849
- Burckle v. EckartCourt for the Trial of Impeachments and Correction of Errors · 1845
- Exchange Bank v. . MonteathNew York Court of Appeals · 1863
- Lamb v. GroverNew York Supreme Court · 1866
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