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1 Hilt. 160

Cabre v. Sturges

New York Court of Common Pleas

Decided July 15, 1856

New York Court of Common Pleas · decided 1856-07-15

Appeal by defendant from a judgment of tbe Fifth District ■'fifourt. This action was brought to recover $4.96 for splicing a hawser. It appeared that the defendant employed the plaintiffs to splice the hawser for the steam tow-boat Titan; that he was in the tow-boat business, in partnership with one Joseph P. Martin ; but it did not appear that at the time of the enjoyment the plaintiffs were aware of the defendant’s partnership.

Cited by 1 later decisions — most recently April 1899

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1856-07-15

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Ingraham, First Judge. —

¶1No notice of appeal is annexed to the return in this case, and we are therefore uninformed as to the ground of appeal. For this cause the appeal should be dismissed.

¶2Upon the merits, as appears from the return, there is no ground for our interference.

¶3The evidence shows that the defendant made the contract for the work. He made it in his own name, without disclosing that any other person was interested with him.

¶4The plaintiffs were not bound to inquire whether, in his busi*161ness, the defendant had a partner or not, or whether he was the owner of the steamer or not. He might rest on the express contract made with the defendant, and hold him to that liability.

¶5If the defendant was acting as partner or agent, he should have disclosed the partnership or agency. Not having done so, he assumed the personal liability in his contract, and the justice did not err in rendering judgment against him.

¶6Judgment affirmed.

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