Gimbel Bros. v. Martinson
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Cimbel Bros., New York, against Henry Martinson and another, copartners doing business as Martinson & Nibur. From a judgment for plaintiff for $2,257.86, and from an order denying a new trial, defendants appeal. Affirmed as to defendant Martinson, and reversed and complaint dismissed as to defendant Martin Nibur.
1Opinion of the CourtWeeks, J.
This action is brought against the defendants as co-partners to recover for carpets and draperies furnished by the plaintiff. The defendants were engaged in the sale of liquors at wholesale and retail. The merchandise was furnished lor and delivered at the Lafayette Theater, the lease of which was originally taken by the defendant Llenry Martinson and later transferred to- a corporation known as the Lafayette Amusement Company, of which both defendants were stockholders, together with six or seven others. None of the transactions were had with the defendant Martin Nibur, and there was no…
2Cases cited3 opinions
- McIntosh v. . EnsignNew York Court of Appeals · 1863
- Union National Bank of Rahway v. UnderhillNew York Court of Appeals · 1886
- Alaska Banking & Safe Deposit Co. v. Van WyckAppellate Division of the Supreme Court of the State of New York · 1911