Harris v. . Murray
New York Court of Appeals
In April, 1854, Mathaniel Dougherty, as general partner, and Eliza Harris, Charles T. Harris and Hamilton Murray, as special partners, formed a limited partnership to continue until 1857. At the same time another agreement was entered into between the same parties by which Charles T. Harris agreed to pay off certain notes theretofore given by him, as they matured, and not to incur any further obligation in the form of a note or other security, without the' written consent of…
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In April, 1854, Mathaniel Dougherty, as general partner, and Eliza Harris, Charles T. Harris and Hamilton Murray, as special partners, formed a limited partnership to continue until 1857. At the same time another agreement was entered into between the same parties by which Charles T. Harris agreed to pay off certain notes theretofore given by him, as they matured, and not to incur any further obligation in the form of a note or other security, without the' written consent of the other partners, and in case of violating such agreement his right to an interest in the profits as special partner…
1Opinion of the Court
There is no finding by the court, nor was any evidence offered to warrant the conclusion that the sale was made on any understanding as claimed by the plaintiff. Such understanding and alleged agreement is denied by Murray in his answer, and if the plaintiff expected any benefit therefrom, evidence to prove the same should have been offered.
The main question in the case is, whether the sale under the executions was valid. The property sold was "the right, title and interest of Harris, which he had on the 31st of August, 1854, or at any time afterwards, in the goods, chattels, assets and…
2Cited by5 opinions
- Evans v. GalardiCalifornia Supreme Court · 1976
- Alley v. ClarkDistrict Court, E.D. New York · 1947
- Klebanow v. New York Produce ExchangeDistrict Court, S.D. New York · 1964
- Smith v. LytleSupreme Court of Minnesota · 1880
- Read v. McLanahanThe Superior Court of New York City · 1881