Demuth v. Sternheimer
New York Marine Court
Motion for a new trial upon the minutes, the jury having found a verdict against both defendants.
1Opinion of the CourtMcAdam, J.
That the defendants were not partners inter se, must be taken as conceded; and they are not jointly liable, unless by their acts and conduct they have led the plaintiffs to give them credit on the supposition that they were.
That Sternheimer is liable is not disputed, and whether Sanders was properly associated with him i-n the liability is the question presented by the present motion, and this must be determined from the evidence.
The jury having found for the plaintiffs, I must accept the facts testified to by them as true, and. decide from them the point in question. Adolph Demuth, one of…
2Cases cited12 opinions
- Dob & Dob v. HalseyNew York Supreme Court · 1819
- Meeker v. . ClaghornNew York Court of Appeals · 1871
- Foster v. . PerschNew York Court of Appeals · 1877
- Catskill Bank v. Horace Gray & the Ulster Iron Co.New York Supreme Court · 1851
- Conklin v. BartonNew York Supreme Court · 1864
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