Woarms v. Bauer
New York Court of Common Pleas
Appeal from city court, general term. Action by Albert L. Woarms and Louis J. Lesser individually and Albert L. Woarms and others as executors of David S. Hess to recover for-,work and labor performed for the defendant by the firm of D. S. Hess & Co. The complaint, after setting forth the doing of the said work, alleges that by virtue of the articles of copartnership of the firm it was mutually agreed that in the event of the demise of D. S. Hess, one of the members, before…
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Appeal from city court, general term. Action by Albert L. Woarms and Louis J. Lesser individually and Albert L. Woarms and others as executors of David S. Hess to recover for-,work and labor performed for the defendant by the firm of D. S. Hess & Co. The complaint, after setting forth the doing of the said work, alleges that by virtue of the articles of copartnership of the firm it was mutually agreed that in the event of the demise of D. S. Hess, one of the members, before the expiration of the stipulated term of partnership, his interest as a partner in said firm should survive and accrue…
1Opinion of the CourtDaly, J.
The only question in the case is whether the personal representatives of a deceased partner may be joined as parties with the surviving partners in an action upon a debt due the original copartnership where such personal representatives are directed by their testator, in his last will and testament, to continue with the survivors the business of the copartnership pursuant to the provisions of the original articles, which stipulated that, in the event of the death of the testator, his interest as partner should survive, and' *60accrue to and be continued by his personal representatives and the…
2Cases cited2 opinions
- Voorhis v. . Childs'New York Court of Appeals · 1858
- Lane v. ArnoldNew York Court of Common Pleas · 1882