1 E.D. Smith 358
New York Court of Common Pleas
Decided March 15, 1852
New York Court of Common Pleas · decided 1852-03-15
An attachment was issued against the defendant, McKenzie, in the superior court, for a contempt in refusing to testify before referees in a suit pending in that court between G. W. and J. C. Comstock, plaintiffs, and L. S. Comstock, defendant, and in a cross suit between the same parties. The order for the attachment provided that the said McKenzie be held to bail in the sum of one hundred dollars.
Decided 1852-03-15
¶1We are of opinion that the nonsuit was right. It was found that G. W. and J. C. Comstock were partners, hut nothing appears in the case to show that the assignment related to a matter within the scope of the partnership business, and unless that clearly appeared, the assignment of the bond by J. C. Comstock, in the partnership name, would confer no title.
¶2Judgment of nonsuit affirmed.