Stewart v. Robinson
New York Supreme Court
Appeal for a judgment entered on the dismissal of the plaintiff’s complaint at the trial of this action without a jury in the Second Judicial District. James Stewart and another sued George H. Robinson and others, executors and trustees of the will of Joseph Col-well, deceased, to charge his estate with liability for debts contracted by bis surviving partner, Samuel S. Hepwortli,. in continuing the business after the death of the deceased.
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Appeal for a judgment entered on the dismissal of the plaintiff’s complaint at the trial of this action without a jury in the Second Judicial District. James Stewart and another sued George H. Robinson and others, executors and trustees of the will of Joseph Col-well, deceased, to charge his estate with liability for debts contracted by bis surviving partner, Samuel S. Hepwortli,. in continuing the business after the death of the deceased. The partnership was formed under the firm name of S. S. Hepwortli & Company for a term of five years from January 1, 1887, with a clause in the articles…
1Opinion of the CourtBarnard, P. J.
The case shows that there were two .agreements of partnership between Joseph Colwell, deceased, and Samuel S. Hepworth. By the 'first agreement Colwell owned the stock and Hepworth received half the profits for the sole management of the business. In the agreement it was provided that the wife and children of a deceased partner should succeed to his share therein for the remainder of the term, which was for five years. The deceased partner had the right to designate by will the interests of ' the wife and children as between themselves. The next agreement is based upon a continuation of the…
2Cases cited20 opinions
- Smith v. AyerSupreme Court of the United States · 1880
- Austin v. . MunroNew York Court of Appeals · 1872
- Schmittler v. . SimonNew York Court of Appeals · 1886
- Hartnett v. . WandellNew York Court of Appeals · 1875
- National Bank of Newburgh v. . BiglerNew York Court of Appeals · 1880
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3Cited by1 opinion
- Thorn v. de BreteuilAppellate Division of the Supreme Court of the State of New York · 1903