Beatson v. Harris
Supreme Court of New Hampshire
Assumpsit, for goods sold. The plaintiffs had been former partners in business, and sold the goods to the defendant, who owed for them when the suit was brought. After the action was entered and before the next term of court, Messer, one of the plaintiffs, indorsed upon the summons served on the defendant, over the partnership signature, made by him, that all claims embodied in the suit were settled, and the action was to tóe entered neither party at the next term of court.
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Assumpsit, for goods sold. The plaintiffs had been former partners in business, and sold the goods to the defendant, who owed for them when the suit was brought. After the action was entered and before the next term of court, Messer, one of the plaintiffs, indorsed upon the summons served on the defendant, over the partnership signature, made by him, that all claims embodied in the suit were settled, and the action was to tóe entered neither party at the next term of court. The plaintiffs claimed that the release was obtained by fraud, and, upon evidence excepted to by the defendant, the…
1Opinion of the CourtAllen, J.
In personal actions having more than one plaintiff, a release by one of the plaintiffs is a defence (Kimball v. Wilson, 3 N. H. 100, Clark v. Dinsmore, 5 N. H. 140); and a release, by one partner of an action in favor of a partnership binds the firm. Pierson v. Hooker, 3 Johns. 68 ; Bulkley v. Dayton, 14 Johns. 387; People v. Keyser, 28 N. Y. 226, 228 ; 1 Pars. Cont. 186,187. But fraud vitiates all contracts, and a release giveti by the fraud of one partner, or obtained through the fraud of the defendant, or through the fraudulent connivance of one partner with the defendant, could not be…
2Cases cited6 opinions
- Pierson v. HookerNew York Supreme Court · 1808
- MbBride v. HaganNew York Supreme Court · 1828
- People Ex Rel Eagle v. KeyserNew York Court of Appeals · 1863
- Bulkley & Wheeler v. DaytonNew York Supreme Court · 1817
- Noyes v. New Haven, New London & Stonington RailroadSupreme Court of Connecticut · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Abrahamson v. AbrahamsonCourt of Appeals of Minnesota · 2000
- Kelley v. Peerless InsuranceSupreme Court of New Hampshire · 1981