Baker v. Stackpoole
Court for the Trial of Impeachments and Correction of Errors
On appeal from the court of chancery. The pleadings, report of"the master, and decision of the court below, so fai as they are material, were as follows : The bill was filed September 1, 1821; and charged that some time in August, 1817, the defendant below, Kauffman *and the respondent Stackpoole, purchased jointly the brig William Henry, each one undivided half.
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On appeal from the court of chancery. The pleadings, report of"the master, and decision of the court below, so fai as they are material, were as follows : The bill was filed September 1, 1821; and charged that some time in August, 1817, the defendant below, Kauffman *and the respondent Stackpoole, purchased jointly the brig William Henry, each one undivided half. That shortly after, the respondent proceeded in the brig to Havre de Grace in France, and back to New York; the net profits of the voyage, for joint account, being upwards of $1200, the whole of which was received by Kauffman. That…
1Opinion of the Court
Savage, Ch. I.
The principal questions arising in this case are
1. Whether the admissions of one partner, after the dissolution of the partnership, are evidence against the other late partner;
2. When one partner retires, leaving a balance due a third person, and the remaining partner continues to make payments to such third person, enough to discharge the balance against the late firm, but without any specific appropriation by any one, the payments being made and received on account generally, whether such payments do not discharge the balance against the firm.
*453I shall state only such facts as…
2Cases cited7 opinions
- Walden v. SherburneNew York Supreme Court · 1818
- Hackley v. PatrickNew York Supreme Court · 1808
- United States v. WardwellU.S. Circuit Court for the District of Rhode Island · 1828
- Brisban v. BoydNew York Court of Chancery · 1832
- Earl v. SpoonerNew York Supreme Court · 1846
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