Sizer v. . Ray
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made January 6, 1880, which reversed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. This action was brought to recover an amount paid by plaintiff on a judgment obtained against him and defendant Ray by one Allen.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made January 6, 1880, which reversed a judgment in favor of defendant, entered upon an order nonsuiting plaintiff on trial. This action was brought to recover an amount paid by plaintiff on a judgment obtained against him and defendant Ray by one Allen. It appeared that plaintiff, and defendant Ray were, previous to May 2, 1870, in copartnership in the manufacture of steam gauges, under the name of the Buffalo Steam Gauge Company, and also under the firm-name of Ray & Sizer. They then held a…
1Opinion of the Court
Andrews, Ch. J.
Bay & Marvin, by the instrument of August 1,1870, executed by them to the plaintiff, on the sale by the latter to his copartners, of his interest in the Buffalo Steam Gauge Company, consisting of Bay, Sizer & Marvin, agreed “ to assume any and all debts owing by what is known as the Buffalo Steam Gauge Company, and to pay the same as they mature without any unnecessary delay.” The plaintiff seeks, in this action, to recover the sum which he has been compelled to pay by the judgment in the suit of one Allen j against Ray & Sizer, for royalties, under their contract with Allen of…
2Cited by2 opinions
- Wright v. DukeNew York Supreme Court · 1895
- Porter v. Standard Measuring Machine Co.Massachusetts Supreme Judicial Court · 1886