Wardwell v. Haight
New York Supreme Court
Motion by the defendant, F. M. Haight, to set aside report Of a referee. In May, 1841, the defendants formed a mercantile partnership in Rochester under the name of S-. W. Haight '& Co. S. W. Haight and their clerk went to New-York about that time to make their purchases for the business, and took with them a letter from F. Mi, Haight, in which he declared himself “ so far interested in the business as to be liable for the debts contracted in the course of it.”
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Motion by the defendant, F. M. Haight, to set aside report Of a referee. In May, 1841, the defendants formed a mercantile partnership in Rochester under the name of S-. W. Haight '& Co. S. W. Haight and their clerk went to New-York about that time to make their purchases for the business, and took with them a letter from F. Mi, Haight, in which he declared himself “ so far interested in the business as to be liable for the debts contracted in the course of it.” In July, 1841, F. M. Haight sold out his interest to his brother Robert; but the business was continued under the same name until…
1Opinion of the Court
By the Court, Edmonds, J.
The only question presented by this casé is as to the liability of F. M. Haight. He was confessedly a partner, and liable for the contracts of the firm of S. *552W. Haight & Co. in May and June, 1841, when their first purchase was made of the plaintiff. He was not a member of the firm, when the purchase out of which this suit has grown was made; and his liability therefor depends upon the questions whether he was bound to give notice of the dissolution, and if so, whether he had given the proper notice. He was not a dormant partner, and therefore had no right to retire…
2Cases cited3 opinions
- Vernon v. Manhattan Co.Court for the Trial of Impeachments and Correction of Errors · 1839
- Ketcham v. ClarkNew York Supreme Court · 1810
- Bristol v. SpragueNew York Supreme Court · 1832
3Cited by8 opinions
- Laird v. IvensTexas Supreme Court · 1876
- Merritt v. WilliamsSupreme Court of Kansas · 1876
- Rose v. CoffieldCourt of Appeals of Maryland · 1880
- Snell v. StoneOregon Supreme Court · 1892
- Thayer v. GossWisconsin Supreme Court · 1895
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