Porter v. M'Clure & Tourtellot
New York Supreme Court
This was an action of assumpsit, tried at the Steuben circuit in November, 1833, before the Hon. Robert Monell, one of the circuit judges. The following are the facts of this case. In the spring of 1832, the plaintiff and Tourtellot, one of the defendants, were partners, carrying on mercantile business, under the name of Edward L.Porter Co., at Hammonds-port, in the county of Steuben,where the business was conducted by Tourtellot; the plaintiff residing at Ithaca.
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This was an action of assumpsit, tried at the Steuben circuit in November, 1833, before the Hon. Robert Monell, one of the circuit judges. The following are the facts of this case. In the spring of 1832, the plaintiff and Tourtellot, one of the defendants, were partners, carrying on mercantile business, under the name of Edward L.Porter Co., at Hammonds-port, in the county of Steuben,where the business was conducted by Tourtellot; the plaintiff residing at Ithaca. In June of that year, Tourtellot and M’Clure entered into a contract with John G. Taylor and Nathan Taylor, by which the latter…
1Opinion of the Court
By the Court,
Bronson, J.
If there was no variance between the declaration and the evidence, and the case was fully made out on the trial, I think the plaintiff was entitled to recover, and that the verdict in his favor should not be disturbed. If the defendant, Tourtellot, had not been a partner of the plaintiff at the time the goods were sold, there can be no doubt that Porter & Co. could have recovered against the defendants in an action for goods sold and delivered, whether there had been any new promise or not. It appears from the case that although the goods were, as a matter of…
2Cases cited1 opinion
- Russell v. SwanMassachusetts Supreme Judicial Court · 1820
3Cited by22 opinions
- Loomis v. MarshallSupreme Court of Connecticut · 1837
- Bird v. MorrisonWisconsin Supreme Court · 1860
- Hasday v. BarocasNew York Supreme Court · 1952
- Conrad National Bank v. Great Northern Railway Co.Montana Supreme Court · 1900
- Sage v. . ShermanNew York Court of Appeals · 1849
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