New York Supreme Court, 1861

Anable v. Steam-Engine Co.

Anable v. Steam-Engine Co.
New York Supreme Court · Decided June 15, 1861
16 Abb. Pr. 286

Counsel

William H. ScoM, for the appellants., John G. Arbona, for the respondent.

Anable v. Steam-Engine Co.

Opinion of the Court

By the Court.*

1. We think the allegation of partnership by the defendants is sufficient, though informally averred.

2. That it is a material allegation.

3. That the denial in the answer of “ the indorsement of the note, in the complaint alleged,” is a mere denial of the writing, and is not a denial of the partnership.

4. That there is no denial of the partnership in the answer, and, therefore, that it is not in issue in this case.

The judgment is affirmed, with costs.

Present, Clerke, P. J., Sutherland and Leonard, JJ.

We are informed that this decision was affirmed by the Court of Appeals, December, 1862.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.