Legal Opinion · Dissent

Suau v. . Caffe

New York Court of Appeals

Decided October 14, 1890Published

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31, 1886, which affirmed a judgment in favor •of plaintiff entered upon a verdict.

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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31, 1886, which affirmed a judgment in favor •of plaintiff entered upon a verdict. On the 29th of January, 1881, the defendants, then and now husband and wife, executed, and June 1, 1881, recorded in the office of the cleric of the city and county of New York a certificate by which they assumed to form a limited partnership pursuant to the ¡Revised Statutes for the purpose of importing and dealing in foreign goods at the city of New York under the firm name of “…

1DissentHaight, J.

The complaint alleges that the * defendants were copartners in trade, doing business under the firm name and style of George Caffe, and that, the plaintiff loaned and advanced to them as copartners the money sought to be recovered in this action. The defendants were husband and wife. They answered separately, each denying the copartnership, and that any money Avas loaned to them as copartners, and the defendant Adele Marie alleged her marriage to the defendant George, and that she Avas, during the time mentioned in the complaint, his lawful wife. The question as to the existence of the…

2Cases cited13 opinions

  1. Yale v. . DedererNew York Court of Appeals · 1858
  2. Coleman v. . BurrNew York Court of Appeals · 1883
  3. Hendricks v. . IsaacsNew York Court of Appeals · 1889
  4. Haas v. ShawIndiana Supreme Court · 1883
  5. Artman v. FergusonMichigan Supreme Court · 1888

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