Pearce v. . Wilkins
New York Court of Appeals
Nathaniel Pearce brought assumpsit in the superior court of the city of New York, against Gilbert A. Wilkins, George B. Rollins and James B. Glentworth, for money paid to their use. Glentworth suffered a default. Wilkins and Rollins pleaded to the action, and the cause was tried in February, 1844. The plaintiff had a verdict and judgment was rendered thereon, which the supreme court affirmed on error brought The defendants Wilkins and Rollins then appealed to this court.
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Nathaniel Pearce brought assumpsit in the superior court of the city of New York, against Gilbert A. Wilkins, George B. Rollins and James B. Glentworth, for money paid to their use. Glentworth suffered a default. Wilkins and Rollins pleaded to the action, and the cause was tried in February, 1844. The plaintiff had a verdict and judgment was rendered thereon, which the supreme court affirmed on error brought The defendants Wilkins and Rollins then appealed to this court. The case is sufficiently stated in the opinion of Ruggles, J.
1Opinion of the CourtRuggles, J.
The evidence on the trial tended to show that Wilkins, Rollins & Glentworth were partners in the tobacco business in the city of New-York, under the name of Wilkins, Rollins & Co. In March, 1839, Gilbert A. Wilkins, one of the partners, hired of R. Donaldson, in his own name, but for the use of the firm, a store-house in Broad-street, and his brother, George M. Wilkins, became security for the payment of the rent! at the rate of $900 a year. The store was occupied for the partnership business. Gilbert A. Wilkins paid one-third of the rent. For the purpose of providing for the payment of the…
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