Legal Opinion

Auld v. Estridge

New York Supreme Court

Decided March 26, 1976Published

1Opinion of the CourtBertram Harnett, J.

Implicit in the resolution of disputes between partners must be the special responsibilities partners bear to . each other. In connection with their partnership affairs, they bear a fiduciary relationship to each other. This means in their intramural dealings they cannot fall back on the morals of the marketplace. (Meinhard v Salmon, 249 NY 458, 463.) This means there is no place for misguided paternalism. This means that one cannot act too quickly to protect his own financial position at the expense of his partners, even if the actor is without malice. There must be full disclosure of…

2Cases cited19 opinions

  1. Meinhard v. SalmonNew York Court of Appeals · 1928
  2. Channel Master Corp. v. Aluminium Limited Sales, Inc.New York Court of Appeals · 1958
  3. Holmes v. . GilmanNew York Court of Appeals · 1893
  4. Mitchell v. . ReedNew York Court of Appeals · 1874
  5. Corr v. HoffmanNew York Court of Appeals · 1931

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