Bell v. . Hepworth
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the second judicial department, entered upon an order made February 13, 1889, which affirmed a judgment in favor of plaintiff, entered upon the decision of the court on trial at the Special Term. The action was brought to foreclose a mortgage made to the-plaintiff by the defendant Samuel S. Hepworth, as survivor of the firm of S. S. Hepworth & Co., June 26,1884, to secure the-payment of $23,000 and interest.
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Appeal from judgment of the General Term of the Supreme-Court in the second judicial department, entered upon an order made February 13, 1889, which affirmed a judgment in favor of plaintiff, entered upon the decision of the court on trial at the Special Term. The action was brought to foreclose a mortgage made to the-plaintiff by the defendant Samuel S. Hepworth, as survivor of the firm of S. S. Hepworth & Co., June 26,1884, to secure the-payment of $23,000 and interest. Joseph Colwell in his lifetime and Samuel S. Hepworth were copartners in business under the name of S. S. Hepworth & Co.,…
1Opinion of the CourtLandon, J.
In Stewart v. Robinson (115 N. Y. 328), an action in which was involved the effect of the partnership agreements between Colwell and Hepworth upon the right of Hepworth to continue as survivor the partnership business after the death of Colwell, and upon the liability of the assets of his estate outside of the firm business to be charged with the debts created by the survivor after Colwell’s death, this court passed upon several questions material to the decision of the present appeal. It was held in that case that the partnership ended with the death of Colwell; that Hepworth as survivor…
2Cases cited5 opinions
- Hoyt v. SpragueSupreme Court of the United States · 1881
- Williams v. . WhedonNew York Court of Appeals · 1888
- Schmittler v. . SimonNew York Court of Appeals · 1886
- National Bank of Newburgh v. . BiglerNew York Court of Appeals · 1880
- Stewart v. . RobinsonNew York Court of Appeals · 1889
3Cited by9 opinions
- Thorn v. de BreteuilAppellate Division of the Supreme Court of the State of New York · 1903
- Dexter v. DexterAppellate Division of the Supreme Court of the State of New York · 1899
- Amunategui v. Spokane Cattle Loan Co.Idaho Supreme Court · 1923
- Bush Co. v. GibbonsAppellate Division of the Supreme Court of the State of New York · 1903
- Bush Co. v. GibbonsAppellate Division of the Supreme Court of the State of New York · 1903
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