Cox v. . Pearce
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 9, 1887, which directed judgment to he entered in favor of plaintiffs upon a verdict directed by the court, subject to the opinion of the General Term.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 9, 1887, which directed judgment to he entered in favor of plaintiffs upon a verdict directed by the court, subject to the opinion of the General Term. This action was brought by plaintiffs, who were members of the firm of Cox & Rockwell, engaged in the coal business, to recover from defendants, who were alleged to be members of the firm of Pearce & Hall, the price of a cargo of coal sold to said firm, through one George Marriott, on May 31, 1884. The defendant Hosea…
1Opinion of the CourtAndrews, J.
The ' notice given in 1878, by Hosea O. Pearce to Marriott, on the occasion of the. application of Marriott to him for an order from Pearce & Hall for another cargo of coal, that he had retired from that firm, was, we think, notice to Cox & Boyce. It is conceded that Hosea O. Pearce withdrew from the firm of Pearce & Hall Hovember 1, 1878, and that the business was continued thereafter under the same firm name by one of the partners in the original firm and two new members associated with him. The only serious question upon the effect of the notice given to Marriott arises upon the point…
2Cases cited3 opinions
- The Distilled SpiritsSupreme Court of the United States · 1871
- Ingalls and Stockman v. . MorganNew York Court of Appeals · 1854
- Fairfield Savings Bank v. ChaseSupreme Judicial Court of Maine · 1881
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- Webb v. John Hancock Mutual Life InsuranceIndiana Supreme Court · 1904
- In re RogersAppellate Division of the Supreme Court of the State of New York · 1937
- Jenkins Bros. Shoe Co. v. G. v. Renfrow & Co.Supreme Court of North Carolina · 1909
- Westinghouse Electric & Manufacturing Co. v. HubertMichigan Supreme Court · 1913
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