Ladue v. Hart
New York Supreme Court
This was an action of assumpsit, tried at the Rensselaer circuit in November, 1828, before the Hon. William A. Duer, then one of the circuit judges. Ladue was the owner of a sloop navigating the Hudson river, and M’Connelly in 1824, sailed her as master on the terms that M’Connelly should victual and man the sloop, and that the profits should be equally divided between them.
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This was an action of assumpsit, tried at the Rensselaer circuit in November, 1828, before the Hon. William A. Duer, then one of the circuit judges. Ladue was the owner of a sloop navigating the Hudson river, and M’Connelly in 1824, sailed her as master on the terms that M’Connelly should victual and man the sloop, and that the profits should be equally divided between them. During the season of 1824, a quantity of military stores were transported in the sloop from New-York up the river at the reqUest 0f Hart, the freight amounting to $123,73, which sum was received by Hart, from the person…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The plaintiffs were partners in the earnings of the vessel, and- of course of the freight in question. It is well settled that one partner" cannot pay his individual debt with the partnership property. (16 Johns. R. 34.) Nor" can he discharge a debt due" the firm by setting off a debt due from himself, (5 Cowen, 489.) It- fol*585lows that a demand against M’Connelly alone, is not a good set off to a joint demand of the two plaintiffs for freight.
One partner, however, may receive payment of a debt due the firm ; and it is contended that the transaction in this case…
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