New York Supreme Court May 15, 1841 (Paine v. Thacher)

By the Court,

Helson, O. J.

I am of opinion a legal cause of action is set forth in the first and third counts.

The defendant had stipulated in the articles of partnership for the payment of an equivalent for certain services to be ^render- [ *452 ] ed in and about the concern by his co-partners. The item has been adjusted between them, and an express promise made to pay the plaintiff.