Cole v. . Reynolds
New York Court of Appeals
Appeal from the Supreme Court. The action was brought by David D. Cole and Lemuel C. Holmes. The complaint averred that the plaintiffs, and Wightman J. Cole, one of the defendants, were copartners under the firm of Coles & Holmes; that the defendants were also copartners, doing business as commission merchants, in' the city of New York, under the firm of Cole, Stevens & Co.; that there were large dealings between .the two firms; that the defendants became and were indebted…
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Appeal from the Supreme Court. The action was brought by David D. Cole and Lemuel C. Holmes. The complaint averred that the plaintiffs, and Wightman J. Cole, one of the defendants, were copartners under the firm of Coles & Holmes; that the defendants were also copartners, doing business as commission merchants, in' the city of New York, under the firm of Cole, Stevens & Co.; that there were large dealings between .the two firms; that the defendants became and were indebted to the-plaintiffs and Wightman J. Cole, upon an account which had accrued in favor of the firm of Coles & Holmes, and…
1Opinion of the CourtHarris, J.
By the Code, the distinction between actions at law and suits in equity is abolished. The course of proceeding in both classes of cases is now the same. Whether the action depend upon legal principles or equitable, it is still a civil action, to be commenced and prosecuted without reference to this distinction.
But, while this is so in reference to the form and course of proceeding in the action, the principles, by which the rights of the parties are to be determined, remain unchanged. The Code has given no new cause of action. In some cases parties are allowed to maintain an action who could…
2Cited by29 opinions
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- Payne v. . FreerNew York Court of Appeals · 1883
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