Everit v. Watts
New York Court of Chancery
This was an appeal from a decretal order of the vice chancellor of the first circuit overruling the defendant’s plea. The bill was filed -for an account and settlement of partnership transactions, in an alleged copartnership between the testatrix and the defendant.
Read the full summary
This was an appeal from a decretal order of the vice chancellor of the first circuit overruling the defendant’s plea. The bill was filed -for an account and settlement of partnership transactions, in an alleged copartnership between the testatrix and the defendant. The bill stated a copartnership, commencing under a written agreement between the testatrix of the complainants and the defendant, made while she was a feme covert, and continuing after the death of her husband down to the time of her own death, more than six years afterwards. The written agreement, purporting to have been signed…
1Opinion of the Court
The Chancellor.
It is not necessary in this case to express any opinion as to what effect could have been given to this written agreement for a copartnership between the defendant and a feme covert, under the particular circumstances stated in the bill, if the appellant had repudiated the same as soon as the husband died. The agreement, *84however, provides for a copartnership in fact between the defendant and his mother, and which by the express terms thereof was to continue for a period which was to extend beyond the death of the husband of the testatrix. It also provides for an equal division…
2Cited by2 opinions
- Lyman v. LymanU.S. Circuit Court for the District of Vermont · 1829
- Muller v. StemmlerNew York Marine Court · 1874