Austin v. . Holland
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought upon a promissory note, dated August 31st, 1869, made in the firm name of Dillon, Beebe & Co., payable to Horace Loveland. Defendant Holland alone appeared and answered.
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Appeal from, judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought upon a promissory note, dated August 31st, 1869, made in the firm name of Dillon, Beebe & Co., payable to Horace Loveland. Defendant Holland alone appeared and answered. He admitted the making of the note, and that plaintiff was the holder, but denied that he was a member of the firm. Defendants were co-partners in the lumber business under said firm…
1Opinion of the CourtAndrews, J.
The plaintiff was a dealer with the firm of Dillon, Beebe & Co., so as to entitle him to the protection of the rule which makes a retiring partner liable for subsequent engagements made by his former co-partner in the firm name, with those who had previous dealings with the firm, and who entered into the new transaction without notice of the change in the partnership. In Vernon v. The Manhattan Co. (22 Wend., 190), the Chancellor said: “The word ' dealing ’ is merely used as a general term, to convey the idea that the person who is entitled to actual notice of the dissolution must be one who…
2Cases cited5 opinions
- Vernon v. Manhattan Co.Court for the Trial of Impeachments and Correction of Errors · 1839
- Van Eps v. DillayeNew York Supreme Court · 1849
- Graves v. MerryNew York Supreme Court · 1827
- Vernon v. Manhattan Co.New York Supreme Court · 1837
- People v. VanderbiltNew York Court of Appeals · 1863
3Cited by30 opinions
- Eppens, Smith Wiemann Co. v. . LittlejohnNew York Court of Appeals · 1900
- Home Insurance Co. of New York v. MarpleIndiana Court of Appeals · 1891
- Bank of Monongahela Valley v. . WestonNew York Court of Appeals · 1899
- Bush & Hattaway v. McCarty Co.Supreme Court of Georgia · 1907
- Elmira Iron & Steel Rolling Mill Co. v. HarrisNew York Court of Appeals · 1891
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