Arnold v. . Angell
New York Court of Appeals
Appeal from an order of the General Term of the Superior Court for the city of New York, denying a motion for a new trial, made under section 268 of the Code, and from judgment entered thereon. (Reported below, 6 J. & S., 27.) This action was brought to dissolve an alleged copartnership between the parties and for an accounting. The substance of the pleadings and of the facts found is set forth in the opinion.
Read the full summary
Appeal from an order of the General Term of the Superior Court for the city of New York, denying a motion for a new trial, made under section 268 of the Code, and from judgment entered thereon. (Reported below, 6 J. & S., 27.) This action was brought to dissolve an alleged copartnership between the parties and for an accounting. The substance of the pleadings and of the facts found is set forth in the opinion. As conclusions of law, the court found that a partnership was not established but plaintiff had a joint interest in the profits and was entitled to recover in this action one-fourth of…
1Opinion of the Court
Church, Ch. J.
It is difficult to sustain this judgment upon legal principles. The recovery was upon an entirely different cause of action from that set forth in the complaint. The complaint alleged that, on the 25th of April, 1870, the plaintiffs and defendant entered into a copartnership for the purpose of carrying on the business of a Turkish bath establishment in the city of Hew York, and subsequently agreed that the copartnership should continue five years; that the business was to be carried on in the name of the defendant; that the plaintiffs should make advances of money for the…
2Cases cited2 opinions
- Fiedler v. . DarrinNew York Court of Appeals · 1872
- Coleman v. . Second Avenue R.R. Co.New York Court of Appeals · 1868
3Cited by36 opinions
- Smith v. . BodineNew York Court of Appeals · 1878
- Thomas v. DaleIndiana Supreme Court · 1882
- Milbank v. . JonesNew York Court of Appeals · 1894
- People's Bank v. . MitchellNew York Court of Appeals · 1878
- Jackson v. . StrongNew York Court of Appeals · 1917
31 more not listed; retrieve them via the Exa API.