Hyperlawhypertext legal database Vio Chemical Co. v. Hartman 111 N.Y.S. 1148

← Cases

Vio Chemical Co. v. Hartman

111 N.Y.S. 1148 Court N.Y. App. Div. Decision date 1908-05-27 English

Decision Majority — PER CURIAM. · Dissent — McLENNAN, P. J.,

Contents

Majority

p. 1148
VIO CHEMICAL CO., Appellant, v. HARTMAN, Respondent.
(Supreme Court, Appellate Division, Fourth Department.
May 27, 1908.)

Headnote

Action by the Vio Chemical Company against. Caroline Hartman.

Judgment affirmed, with costs. Held, that the plaintiff failed to prove

Dissent

p. 1149
the cause of action alleged, that the daughter was the agent of the defendant in the execution of the papers, and that there was no proof of partnership between the daughter and the mother.

dissents, upon the ground that the defendant, by failure to plead copartnership or joint liability, waived the same.