Ray v. Bogart
New York Supreme Court
Henry C. Bogart. Robert Ray and Daniel Stiles, sometime in the year 1757 entered into partnership for the purpose of merchandising and distilling. It was virtually-agreed between them, that they should equally divide the profits, and bear the loss arising from the business.
Read the full summary
Henry C. Bogart. Robert Ray and Daniel Stiles, sometime in the year 1757 entered into partnership for the purpose of merchandising and distilling. It was virtually-agreed between them, that they should equally divide the profits, and bear the loss arising from the business. Robert Ray conducted the business in his own name, for the account of the partnership, from the commencement of the firm until the 13th October, 1773. Some time after the commencement of the business, but how long is uncertain, a dispute having arisen between Robert Ray and Henry 0. Bogart, on account of the former…
1Opinion of the CourtKent, J.
Rejecting the period from May, 1775, to May, 1784, as being no reasonable time for the settlement of accounts in chancery, then, from the dissolution of the co-partnership, by the death of H. C. Bogart, in May, 1774, to the exhibition of the bill in June, 1794, is but 11 years.
Where there is a mutual trust, as between co-partners, I very much doubt whether the statute of limitations applies. (1 Atk; 494. 1 Fonb. Eq. 322.) If it does apply to such a case, then it must either be pleaded or insisted on in the answer, or it is waived. The rule of pleading in law and equity is equally strict. (1…
2Cases cited3 opinions
- Mooers v. WhiteNew York Court of Chancery · 1822
- Rayner v. PearsallNew York Court of Chancery · 1818
- Ellison v. MoffattNew York Court of Chancery · 1814
3Cited by9 opinions
- Bell v. HudsonCalifornia Supreme Court · 1887
- M. & C. Creditors Corp. v. PrattNew York Supreme Court · 1938
- Coleman v. Lyne'sCourt of Appeals of Virginia · 1826
- Smith v. MaineNew York Supreme Court · 1932
- Rayner v. PearsallNew York Court of Chancery · 1818
4 more not listed; retrieve them via the Exa API.