Robbins v. . Fuller
New York Court of Appeals
Appeal from the Supreme Court Action upon a judgment On the trial, these facts appeared: The plaintiffs were partners, and as such held the note of one Edward Fuller, indorsed by the defendant, upon which indebtedness he confessed judgment to them, and judgment was entered up in their favor, September 5, 1838, for $1,767.13. The partnership was dissolved in March, 1838; and the defendant had notice of such dissolution in 1839. In 1844, Reuben Robbins, one of the partners,…
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Appeal from the Supreme Court Action upon a judgment On the trial, these facts appeared: The plaintiffs were partners, and as such held the note of one Edward Fuller, indorsed by the defendant, upon which indebtedness he confessed judgment to them, and judgment was entered up in their favor, September 5, 1838, for $1,767.13. The partnership was dissolved in March, 1838; and the defendant had notice of such dissolution in 1839. In 1844, Reuben Robbins, one of the partners, without the knowledge of the other, gave a power of attorney in the name of the firm to his son, E. A. Robbins, to sell…
1Opinion of the Court · DeitioDeitio, J.
I am of opinion that the plaintiffs ought not to have recovered judgment in this case. The real question is stated in the opinion given in the Supreme Court to be, whether, in the process of closing up the concerns of R. & B. Robbins, Reuben Robbins, one of the partners, had power to make a sale of, and to transfer the whole title to, the judgment against the defendant. If he possessed such authority, the power of attorney which he gave to his son, E. A. Robbins, under which the latter transferred the judgment in the first place to I. M. Knight, and afterwards to A. L. Wells, was a lawful…
Also in this document: Opinion of the Court · Smith.
2Cases cited2 opinions
- Murray v. MumfordNew York Supreme Court · 1826
- Gram v. CadwellNew York Supreme Court · 1826
3Cited by25 opinions
- Gray v. . GreenNew York Court of Appeals · 1894
- Hazard v. . CaswellNew York Court of Appeals · 1883
- Deschenes v. TallmanNew York Court of Appeals · 1928
- Gates v. . BeecherNew York Court of Appeals · 1875
- Montross v. MabieU.S. Circuit Court for the District of Southern New York · 1887
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