Clark v. Miller
New York Supreme Court
This was an action of assumpsit on the common counts^ tried at thé Orleans circuit in November, 1828, before the Hon. Samuel Nelson, one of the circuit judges.
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This was an action of assumpsit on the common counts^ tried at thé Orleans circuit in November, 1828, before the Hon. Samuel Nelson, one of the circuit judges. The plaintiffs and one House were jointly interested in a cloth manufactory; Clark and Bushnell bought 15 head of cattle and paid for the same in debts owing to the firm ; and it was agreed that House should have one third of the avails of the venture upon the happening, of a contingency, which was shewn to have happened. The defendants took the cattle to drive from Monroe county to the Dutchess county market, and. agreed with the…
1Opinion of the Court
*629 By the Court,
Sutherland, J.
The motion for a non-suit was properly refused upon the trial. It was founded upon the allegation that House was a partner with the plaintiffs in the cattle in question, and entitled to a share of the pro-A A ceeds of the sale, and ought therefore to have joined in the action.
If House was a partner, (which might admit of some question,) he was a dormant partner; his name did not appear in the transactions relative to the cattle, and he was not held forth or known to the world as a partner, or as in any manner interested in the business of the plaintiffs. He was not…
2Cited by19 opinions
- Little Pittsburg Con. Min. Co. v. Little Chief Con. Min. Co.Supreme Court of Colorado · 1888
- Bethel v. LinnMichigan Supreme Court · 1886
- Marvin v. . WilberNew York Court of Appeals · 1873
- North v. . BlossNew York Court of Appeals · 1864
- Maloney v. KingMontana Supreme Court · 1904
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