Olmstead v. . Webster
New York Court of Appeals
This action was brought in the supreme court against the defendants for a debt incurred by them, as partners, in May, 1845, on the purchase of a bill of goods, the partnership being conducted in the name of Rumsey alone.
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This action was brought in the supreme court against the defendants for a debt incurred by them, as partners, in May, 1845, on the purchase of a bill of goods, the partnership being conducted in the name of Rumsey alone. The defendant Webster, in his answer, alleged that on the 31st of October, 1845, the plaintiffs received from the defendant Rumsey, cash and Rumsey’s notes, in full payment for the goods, and that in April, 1846, he commenced an action against Rumsey, in the recorder’s court in the city of Buffalo, for the debt, and recovered a judgment thereon. The plaintiffs replied that on…
1Opinion of the CourtGardiner, J.
The plaintiffs in the spring and fall of 1845, sold goods to the defendant Rumsey, and in October received his notes on time for the balance, then due them. Webster, during the time aforesaid was a silent partner, and continued to be such until the spring of 1846, when the partnership was dissolved. ■ In March, 1846, the plaint iffs sued Rumsey in the Recorder’s Court in the city of Buffalo, and recovered judgment against him upon the notes given for the goods specified in the complaint in this action. On the 18th December, 1848, two years and eight months subsequent to the rendition of the…
2Cited by12 opinions
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