Bennett v. Buchan
New York Supreme Court
Appeal from a judgment in favor of the plaintiff on the report of a referee. The action was brought to recover damages alleged to have been sustained by the breach of warranty by the defendants, and sale by them to the plaintiff, of a judgment which they held against Dorans, Gfillett & Co. The defendants were copartners doing business in the city of New York under the firm name of James Buchan & Co. On the 2nd of Sept., 1861, they recovered a judgment for $1,038.46 against…
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Appeal from a judgment in favor of the plaintiff on the report of a referee. The action was brought to recover damages alleged to have been sustained by the breach of warranty by the defendants, and sale by them to the plaintiff, of a judgment which they held against Dorans, Gfillett & Co. The defendants were copartners doing business in the city of New York under the firm name of James Buchan & Co. On the 2nd of Sept., 1861, they recovered a judgment for $1,038.46 against Erasmus D. Doran, James E. Doran, Allen H. Gillett, and Homer W. Wooster, composing the firm of Dorans, Gillett & Co.,…
1Opinion of the Court
Foster, J.*
—The assignment of the judgment having been made after the dissolution of the copartnership of James Buchan & Co., by Mr. Buchan alone, and without the special authority or assent of Rich, it is contended that in any event, only the title of Buchan to the amount of one-half thereof passed to the plaintiff; and that, therefore no recovery can be had for more than one-half of it, less the one-half of what the plaintiff has already realized thereon.
The authorities cited to support the proposition fail to do so (Sanford v. Mickle, 4 Johns., 22, &c., and Geortner v. Trustees, 2 Barb.,…
2Cases cited4 opinions
- Pitcher v. LivingstonNew York Supreme Court · 1809
- Pierson v. HookerNew York Supreme Court · 1808
- Geortner v. Trustees of the Village of CanajoharieNew York Supreme Court · 1847
- Furniss v. . FergusonNew York Court of Appeals · 1866
3Cited by1 opinion
- Hapworth v. GrievsonAppellate Division of the Supreme Court of the State of New York · 1938