Goelet v. M'Kinstry
New York Supreme Court
This was an action of assumpsit for goods sold and delivered to the defendant. The cause was tried at the last circuit in the city of New Yórk, when a verdict was found for the plaintiff, for 430 dollars and 85 cents, with liberty "for the plaintiff to alter the verdict to 234 dollars and 92 cents, incase the court should be’of opinion, on thejfollowing facts, that the plaintiff was not entitled to the full amount of the verdict.
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This was an action of assumpsit for goods sold and delivered to the defendant. The cause was tried at the last circuit in the city of New Yórk, when a verdict was found for the plaintiff, for 430 dollars and 85 cents, with liberty "for the plaintiff to alter the verdict to 234 dollars and 92 cents, incase the court should be’of opinion, on thejfollowing facts, that the plaintiff was not entitled to the full amount of the verdict. The plaintiff gave in évidence an account for goods sold and delivered to the defendant alone, which, with the interest amounted to 234 dollars and 92 cents. He then…
1Per curiam
The case of Hyatt v. Hare, (Comb. 383,) is in point. It was there decided, that “if there be two partners in trade, and One of them buy goods for them both, and the other dieth, the survivor may be charged by indebitatus ^ assumpsit generally, without taking notice of the partnership, or that the other is dead and he survived.” This is not only reasonable, but well settled law. The plaintiff must have judgment.(a)
Judgment for the plaintiff.
At law upon the death. of a partner the legal remedies against him in respect of the partnership contracts are extinguished, and the creditor being…
2Cited by5 opinions
- Dobbs v. Justices of the Inferior Court of Murray CountySupreme Court of Georgia · 1855
- Mott v. PetrieNew York Supreme Court · 1836
- Wells v. TeallIndiana Supreme Court · 1840
- President of the State Bank v. WellesMassachusetts Supreme Judicial Court · 1825
- Smith v. FergusonAppellate Division of the Supreme Court of the State of New York · 1898