National Bank of the Commonwealth v. Temple
The Superior Court of New York City
Appeal from an order made at Special Term, by Mr. Justice McCunn, vacating an order of arrest against defendant Temple. This action was brought against the defendants as copartners, to recover for money lent and advanced to them by the plaintiffs. Upon an affidavit that the money was obtained through false representations, made by the defendants, an order of arrest was granted.
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Appeal from an order made at Special Term, by Mr. Justice McCunn, vacating an order of arrest against defendant Temple. This action was brought against the defendants as copartners, to recover for money lent and advanced to them by the plaintiffs. Upon an affidavit that the money was obtained through false representations, made by the defendants, an order of arrest was granted. The defendant, Temple, applied to have the order vacated as to him, on the ground that the alleged false representations, if made, were made by his partner, Marsh, and not by himself (Temple), and proved, to the…
1DissentJones, J.
The question presented on this appeal is, whether in an action in assumpsit brought against the members of a firm, to recover an indebtedness due from the firm, all the members thereof are liable to arrest by reason of a fraud committed by one of them in contracting the indebtedness without the knowledge, consent, connivance, privity, or participation of the others.
There is no direct authority in point on the question.
The case of Townsend v. Bogert (11 Abbt., 355) has frequently been cited as such an authority, but on a close analysis it will be found that it is not.
Five judges took part in…
2Cases cited2 opinions
- McCulloch v. MarylandSupreme Court of the United States · 1819
- Coman v. ReeseNew York Supreme Court · 1861