Belanger v. Dana
New York Supreme Court
Appeal from circuit court, St. Lawrence county. Action by Charles Belanger against Harvey Dana, to recover for the conversion by the defendant of money which be received for the benefit of both parties, and which he agreed should be applied in payment of certain outstanding joint notes of the parties.
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Appeal from circuit court, St. Lawrence county. Action by Charles Belanger against Harvey Dana, to recover for the conversion by the defendant of money which be received for the benefit of both parties, and which he agreed should be applied in payment of certain outstanding joint notes of the parties. The facts were as follows: In March, 1887, plaintiff and defendant bought a steam saw-mill jointly, and agreed to share equally in the profit or loss which might accrue from the venture. They gave as part of the purchase price of the mill their four joint notes for $100, each to the order of one…
1Opinion of the CourtLandon, J.
It is conceded that, a partnership existed between the parties respecting the mill. But when the mill was sold the joint venture was at an end, and the partnership dissolved. A partnership is terminated by the accomplishment of the business or venture for which it was formed. Kennedy v. Porter, 109 N. Y. 526, 548, 17 N. E. Rep. 426. The parties accounted with each other, and divided the surplus over and above the $400 due them from Dobson as the balance of his purchase price of the mill. This sum the parties agreed should, when collected, be paid to take up their four joint notes of $100…
2Cases cited9 opinions
- Crater v. . BiningerNew York Court of Appeals · 1871
- Murray v. MumfordNew York Supreme Court · 1826
- Kennedy v. . PorterNew York Court of Appeals · 1888
- Howard v. . FranceNew York Court of Appeals · 1871
- Osborn v. . SchenckNew York Court of Appeals · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Claim of Raymond v. Estate of DavisNew York Court of Appeals · 1928
- Pace v. PerkAppellate Division of the Supreme Court of the State of New York · 1981
- Dalury v. RezinasAppellate Division of the Supreme Court of the State of New York · 1918
- Mitchell v. TonkinAppellate Division of the Supreme Court of the State of New York · 1905
- Sohon v. RubinAppellate Division of the Supreme Court of the State of New York · 1953
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