Bouton v. Bouton
New York Supreme Court
This is an action in equity, to settle the affairs of a partnership between the plaintiff and defendant, which has been dissolved by mutual consent. The action being at issue, was by the order of the court referred to a referee to hear and determine the issues and report to the court.
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This is an action in equity, to settle the affairs of a partnership between the plaintiff and defendant, which has been dissolved by mutual consent. The action being at issue, was by the order of the court referred to a referee to hear and determine the issues and report to the court. The cause was brought to trial before the referee, and some evidence was taken, on the part of the plaintiff, and without the production or inspection of the books of the copartnership, the referee reported due the plaintiff $1,823 46, and directed judgment to be entered in his favor for $1,500, the amount…
1Opinion of the CourtIngalls, J.
It is very clear that an action at law could not be maintained by the plaintiff against the defendant, as no balance was agreed upon, nor promise made by the defendant to pay any amount whatever. (Pattison agt. Blanchard, 6 Barb., 537; Gridley agt. Dole, 4 N. Y., 487; Murray agt. Bogert, 14 Johns., 318 ; Westerlo agt. Evertson, 1 Wend., 532.) The mere fact that one partner has advanced for the benefit of the business, an amount exceeding his share of the capital, will not justify such an action. Williard’s Equity Jurisprudence, 727; the author re*219marks: “The advances of the copartners in their…
2Cases cited5 opinions
- Howard v. IngersollSupreme Court of the United States · 1852
- Murray v. Bogert & KneelandNew York Supreme Court · 1817
- Westerlo v. EvertsonNew York Supreme Court · 1828
- Pattison v. BlanchardNew York Supreme Court · 1849
- Campbell v. AdamsNew York Supreme Court · 1862