No. 22.

15 F.2d 287 (1926)

MITCHEL v. BOWERS, Collector of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

November 1, 1926.

Attorney(s) appearing for the Case

Parker & Aaron, of New York City (Herman Aaron, of New York City, of counsel), for plaintiff in error.

Emory R. Buckner, U. S. Atty., of New York City (Nathan R. Margold, Asst. U. S. Atty., of New York City, of counsel), for defendant in error.

Before HOUGH, MANTON, and HAND, Circuit Judges.

HAND, Circuit Judge (after stating the facts as above).

We start with the assumption, agreed upon by both sides and well settled by the law of New York, where the agreement was made and the business of the firm was carried on, that the contract of January 1, 1916, did not make the plaintiff's wife a partner in the firm. Burnett v. Snyder, 76 N.Y. 344, Burnett v. Snyder, 81 N.Y. 550, 37 Am. Rep. 527. The result is no different when the other partners in the firm know...

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