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Lumber Exchange Bank v. Weston

66 N.Y.S. 1136 Court N.Y. App. Div. Decision date 1900-07-24 English

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Majority

p. 1136
LUMBER EXCH. BANK, Appellant, v. WESTON et al., Respondents.
(Supreme Court, Appellate Division, Fourth Department.
July 24, 1900.)

Headnote

Action by the Lumber Exchange Bank against Charles Weston and others.

Judgment and order reversed, and a new trial ordered, with costs to the appellant to abide event. Held, that the question as to whether the defendants, by their acts and dealings with the defendant Campbell and with the property held by them in common, constituted themselves co-partners under the name of Nice & Co., and were thus liable upon the notes in suit, was one of fact for the jury, and not of law for the court,