New York Supreme Court May 15, 1840 (Glover v. Tuck)

*By the Court,

Cowen. J.

There is not the least question that this [ *158 ] action is well founded in principle. The objection that the articles *158of agreement between the plaintiff and defendants constituted a partnership, in consequence of which the plaintiff’s remedy lies in a court of equity only, is thus answered by Collyer on Partnership, 132, Am. ed.