Porter v. Cumings
New York Supreme Court
This was an action of assumpsit, tried at the Brie circuit, in April, 1830, before the Hon. Addison Gardiner, one of the circuit judges. i The declaration contained a count on a promissory note, and also the money counts.
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This was an action of assumpsit, tried at the Brie circuit, in April, 1830, before the Hon. Addison Gardiner, one of the circuit judges. i The declaration contained a count on a promissory note, and also the money counts. It commenced as follows: “ Albert H. Porter and Henry W. Clark, plaintiffs in this suit, complain of Daniel P. Adams, John Thorp, junior, and Simeon Cumings, the said Adams and Thorp, partners, exercising a trade, and doing business together, under the name, firm, and style of Adams and Thorp, defendants in this suit, in custody, &c. for that whereas the said defendants, on,…
1Opinion of the Court
By the Court,
Nelson, J.
The declaration in this case is rather untechnically drawn, so far as relates to the averment of the partnership of Adams & Thorp, though I think it substantially sufficient. In what is termed the commencement of the declaration, where the character in which the defendants are sued, is set forth, S. Cumings is mentioned indi*174vidually, and it is averred that Adams & Thorp were partners jn trade, and doing business under the firm and style of Adams & Thorp; and then it is alleged that “ the said defendants on, &c. made their certain promissory note in writing, their own…
2Cases cited1 opinion
- Mack v. SpencerNew York Supreme Court · 1830