MbBride v. Hagan
New York Supreme Court
This was an action of assumpsit, tried at the New-Yorb circu¡>; jn December, 1827, before the Hon. William A. Duer, one of the circuit judges. The plaintiffs declared against the defendants, under the statute authorizing proceedings against j°^nt debtors, slating Hagan to be taken on process issued against him and his partner, and Barrett not found. The declaration contains the common money counts, an insimul compu(assent, and a count for work and labor.
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This was an action of assumpsit, tried at the New-Yorb circu¡>; jn December, 1827, before the Hon. William A. Duer, one of the circuit judges. The plaintiffs declared against the defendants, under the statute authorizing proceedings against j°^nt debtors, slating Hagan to be taken on process issued against him and his partner, and Barrett not found. The declaration contains the common money counts, an insimul compu(assent, and a count for work and labor. The plea is the gen-_ . _ , . . , , , . , eral issue, it rom the testimony, it appeared that the defendantsi w^° ave co-partners in trade at…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The questions presented by the bill of exceptions in this case, are, 1. Whether, under the circumstances, the submission and award were competent evidence 1 and 2. If competent, whether the award is valid %
*334It seems to be well seitled, that one partner cannot bins! his co-partner under seal. He may, indeed, discharge a co-partnership debt, under seal, but that authority arises not fr°m any capEicity to bind his co-partner in a manner to impose an obligation upon him, but from the power which each partner has over the partnership property, and partnership debts. This…
2Cases cited1 opinion
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- Muldrow v. NorrisCalifornia Supreme Court · 1852
- Harrington v. HighamNew York Supreme Court · 1853
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