Modell v. Newman Bros.

Appellate Division of the Supreme Court of New York

Modell v. Newman Bros.

245 A.D. 668, 284 N.Y.S. 142, 1935 N.Y. App. Div. LEXIS 10385

Appellate Division of the Supreme Court of the State of New York·Decided December 27, 1935·Published

Opinion

Per Curiam.

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.

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Per Curiam.

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.

Modell v. Newman Bros., 245 A.D. 668, 284 N.Y.S. 142, 1935 N.Y. App. Div. LEXIS 10385 (N.Y. Ct. App. 1935).

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