Heimstreet v. Howland
New York Supreme Court
Case,, for negligence by the servant of the defendant, who was, as alleged, the proprietor of a ferry across the Hudson river between Schagticoke and Stillwater, by means of which a span of horses belonging to the plaintiff which he was in the act of driving on to the ferry-boat were drowned. Plea, not guilty. The cause was tried at the Rensselaer circuit, in March, 1842, before Cushman, late Cir. Judge.
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Case,, for negligence by the servant of the defendant, who was, as alleged, the proprietor of a ferry across the Hudson river between Schagticoke and Stillwater, by means of which a span of horses belonging to the plaintiff which he was in the act of driving on to the ferry-boat were drowned. Plea, not guilty. The cause was tried at the Rensselaer circuit, in March, 1842, before Cushman, late Cir. Judge. It was proved that the defendant was the lessee of the ferry for a term of years during which the loss happened in October, 1841. In March, 1841, the defendant leased the ferry, with the…
1Opinion of the Court
By the Court, McKissock, J.
The charge of the learned circuit judge was erroneous. Though two persons may he *70partners as to the rest of the community, where one receives a share of the profits and yet pays no part of the expenses, that principle will not aid the plaintiff. There must, to constitute a partnership, be a vested interest in profits in the person sought to be charged as a partner, such as would for that reason alone entitle him to an account in equity against the other persons concerned in the business. This is not so where the party is entitled to compensation in proportion to a…
2Cited by16 opinions
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