19 N.Y.S. 655 | New York Court of Common Pleas | 1892
The complaint was for the conversion of goods alleged to belong to the firm of Church & Sleight, upon which the respondents were •entitled to a credit, leaving a balance of $56.08 due appellant, which cause of action was by Church & Sleight assigned to appellant. The answer was, in effect, a general denial, and asks for a dismissal of the complaint. From the return it appears that William Lang & Co., of Brooklyn, had, for some years previous to May 1, 1891, manufactured for the firm of Montgomery & Co., which then consisted of George W. Montgomery, one of the respondents in this action, and George W. Church, one of the plaintiff’s assignors, a patented machine known as the “Church Double Speed Indicator.” On the 1st May, 1891, the partnership between Montgomery and Church expired by limitation, and the respondents formed a copartnership under the firm name of Montgomery & Co., and the plaintiff’s assignor, Church, formed copartnership with Sleight under the firm name of Church & Sleight. Previous to this 1st of May, the plaintiff’s assignor, Church, on behalf of his firm, entered into an agreement with Lang & Co., whereby they were to furnish to the latter firm the steel necessary for the manufacture of the indicators, and the latter ■firm agreed to manufacture them exclusively for the firm of Church & Sleight.