Murray v. Mumford
New York Supreme Court
Detinue, for certain books of account; tried at the 3 New- York circuit, April loth, 1824, before Edwards, C. Tlldirp • JUQSe J When it appeared, that Murray, the plaintiff, and one r „ -, _r , . , . ,i c - J. P. Mumford,, were partners in trade, under the hrm of Murray &• Mumford.
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Detinue, for certain books of account; tried at the 3 New- York circuit, April loth, 1824, before Edwards, C. Tlldirp • JUQSe J When it appeared, that Murray, the plaintiff, and one r „ -, _r , . , . ,i c - J. P. Mumford,, were partners in trade, under the hrm of Murray &• Mumford. That their partnership was dissolved in 1806, by mutual consent, Mumford retaining possession of the books of account, and choses in action belonging to the firm, for the purpose of settling the partnership concerns. He subsequently died ; and this action was brought by the plaintiff, as surviving partner, to…
1Opinion of the Court
*442 Curia, per
Sutherland, J.
A dissolution of a partners}iip does not, I apprehend, ipso facto, destroy the joint tenancy of the partners in the partnership property, and create a tenant'} in common. They are still partners, for the purpose of settling the partnership concerns; and until that is effected. For that purpose, the partnership may be said still to continue, with all the incidents belonging to that relation. (11 Ves. 5. 16 Ves. 57. 1 Swanston, 480, 507, note a. 15 Ves. 227.) In Wood v. Braddick. (1 Taunt. 104,) Heath, J. says, “It is a very clearprop-osition, that when a partnership is…
2Cases cited2 opinions
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- Wallace Surv. Part. v. Fitzsimmons Sp. BailSupreme Court of the United States · 1788
3Cited by29 opinions
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- King v. . LeightonNew York Court of Appeals · 1885
- Case & wife v. AbeelNew York Court of Chancery · 1829
- Tarbell v. . WestNew York Court of Appeals · 1881
- Robbins v. . FullerNew York Court of Appeals · 1862
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