Kotwica v. Daneski
Kotwica v. Daneski
Opinion of the Court
The suit was to recover back $350 paid by plaintiff to a concern called the “Polish National Burean” to be used in transporting two relatives of plaintiff from Poland to this country. The money was in fact handed to Pietukowski, who at the time of suit was out of the jurisdiction and was suspected of having absconded, and summons was served on appellant Daneski and recovery sought from him as a partner of Pietukowski in the “bureau.” See Blessing v. McLinden, 81 N. J. L. 379. Plaintiff had a verdict and judgment, and defendant appeals.
The first two points in appellant's brief, corresponding to “specifications” 1 and 2 of rulings claimed to be erroneous, are not properly before us, as the specifications do not specify, - but merely assert generally the admission of illegal, and exclusion of legal evidence. This is not sufficient. Lutlopp v. Heckman, 70 N. J. L. 272; Valenti v. Blessington, 96 Id. 498. The form in Pamph. L. 1912, pp. 415, 416, No. 37, Supreme Court Buies of 1919, page 79, indicates the correct manner of assigning error in rulings on evidence in the ordinary courts of common law. The “specification” under rule 143' differs only in name.
Points 3 and 4 are that the trial court erred in refusing to nonsuit and in refusing to direct a verdict for defendant.' The argument made under these points is that it was beyond the scope of PietukowskPs authority as a partner to go to Europe with the money, as he seems to have done. But to this we cannot agree. The money was plainly received within the scope of the partnership business, and it is idle to argue that because by the dishonesty or what not of a partner, it was not applied as agreed, that other partners are absolved from liability.
A point which exhibits some difficulty is that the judge charged the jury “as a matter of law1, that partnership has
There can be no doubt that defendant agreed to go into business with Pietukowski, for he says so; nor that he executed and swore to the statutory declaration. He testified to that. He contributed or advanced $500 to start a joint bank account, and showed what activity his time would allow, in the joint affairs. Plainly a partnership status was created. Defendant says it was dissolved at his instance, but assuming this, dissolution involves the public, and there is not a scintilla in the case to show that any notice what
Defendant having become such partner so remained as to the public until after notice of his withdrawal. Hence, it was not error to charge that the partnership had been proven as to plaintiff.
These considerations lead to affirmance of the judgment.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.