Stanton v. . Westover
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made July 2, 1883, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made July 2, 1883, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff as receiver of the joint property of defendants Osmer M. and William G. Westover, who formerly composed the firm of O. M. & W. G. Westover, and of the separate property of Osmer M. Westover, j¡o set aside as fraudulent a sale of his interest in the partnership property, made by William G. to Osmer M. Westover…
1Opinion of the CourtFinch, J.
The judgment in this action is fully sustained by the case of Dimon v. Hazard (32 N. Y. 65). It was there held that where one of two partners retires from business, relinquishing to the other all his interest in the partnership property, the remaining partner acquires the same dominion as. if it had ever been his own separate property; that the transfer being made in good faith, the title vests in the remain ing partner as his own private estate, free from any lien or equity in favor of partnership creditors; and that such remaining partner may lawfully transfer such property in payment of…
2Cases cited2 opinions
- Menagh v. . WhitwellNew York Court of Appeals · 1873
- Dimon v. . HazardNew York Court of Appeals · 1865
3Cited by15 opinions
- Saunders v. . ReillyNew York Court of Appeals · 1887
- Reyburn v. MitchellSupreme Court of Missouri · 1891
- Thayer v. HumphreyWisconsin Supreme Court · 1895
- In re the Construction of the Will of LutzNew York Surrogate's Court · 1952
- Burhans v. KellyNew York Supreme Court · 1888
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