Modell v. Newman Bros. — 245 A.D. 668

Majority

p. 668

Henry Modell, Appellant, v. Newman Bros., Inc., Respondent.

First Department,

December 27, 1935.

p. 669

Adolph Hirsch Rosenfeld, for the appellant.

Emanuel S. Cahn, for the respondent.

The evidence offered by the plaintiff tended to establish that the transaction constituted a joint adventure. The plaintiff’s testimony together with the testimony of his attorney would, if believed, justify a finding that the agreement not only contemplated a sharing of profits but a contribution by the plaintiff of one-half of the capital required for the purchase of the merchandise which was the subject-matter of the joint adventure.

The judgment should be reversed and a new trial granted, with costs to the appellant to abide the event.

Present — Martin, P. J., Merrell, Townlet, Glennon and Untermyer, JJ.

Judgment reversed and a new trial ordered, with costs to the appellant to abide the event.