68 Misc. 327 | N.Y. Sup. Ct. | 1910
This is an appeal from a judgment dismissing the complaint as to two of the defendants who were sued as partners doing business under the name of The Spotswood Explosive Company. The dismissal was on the'ground that the evidence established the fact that The Spotswood Explosive Company was a de facto corporation. The action was brought to recover the value of building material, sold and delivered by plaintiffs to said company and used by said company in the construction of five buildings upon land owned by Susan J. Altschul, located at Spotswood, 1ST. J. On May 8, 1909, the defendant Brix wrote to plaintiffs that their estimates were laid before the company (The
On page 397, volume 30, Oye., the principle governing cases of this character is very clearly set forth .as follows: “ Business associates who have not attempted to become incorporated are partners, if they are the common proprietors of a business carried on by them for profit, for the law knows no intermediate form of business organization between a corporation and a partnership.” This rule is followed in Booth v. Wonderly, 36 N. J. Law, 250.
For the reasons above stated the judgment should be reversed and a new trial ordered, with costs to appellants to abide the event.
Seabuky and 'Bijur, JJ., concur.
Judgment reversed and new trial ordered, with costs to appellants to abide event.