Lawrence v. Taylor
New York Supreme Court
Assumpsit, tried at the Erie circuit in November, 1841, before Dayton, C. Judge. The action was commenced against Taylor & Pratt, but the latter having died intermediate the issue and trial, the suit afterwards proceeded against Taylor as survivor. The declaration counted upon a contract bearing date on the 5th of April, 1836, alleging a modification thereof on the 16th of November following. It also contained the common counts.
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Assumpsit, tried at the Erie circuit in November, 1841, before Dayton, C. Judge. The action was commenced against Taylor & Pratt, but the latter having died intermediate the issue and trial, the suit afterwards proceeded against Taylor as survivor. The declaration counted upon a contract bearing date on the 5th of April, 1836, alleging a modification thereof on the 16th of November following. It also contained the common counts. At the trial, the case was this: On the 5th of April, 1836, the plaintiff entered into a contract in writing executed by himself and Pratt, purporting in the body of…
1Opinion of the Court
By the Court, Cowen, J.
There was no written authority to Pratt by which Taylor was bound. Had the subject of the contract been personal property belonging to the firm, no special authority would have been necessary; but at law it is otherwise as to land, whatever may be the rule in equity. Out of the court of chancery, real estate, though belonging to partners and employed in the partnership business—the title standing in their joint names—is deemed to be holden by them as tenants in common or joint tenants for all purposes. One cannot, in virtue of the partnership power, sell for the other.…
2Cases cited9 opinions
- Gillet v. MaynardNew York Supreme Court · 1809
- Raymond v. BearnardNew York Supreme Court · 1815
- Coles v. ColesNew York Supreme Court · 1818
- Judson v. WassNew York Supreme Court · 1814
- Harrington v. HigginsNew York Supreme Court · 1837
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