Ganson v. Lathrop
New York Supreme Court
APPEAL from a decree of the surrogate of Monroe county, on a final settlement of the accounts of an executrix. Upon the hearing before the surrogate, in August 1856, it appeared that on the first day of January, 1850, the testator, Hollister Lathrop, and the appellants entered into partnership, under the firm name of J. Ganson & Go.
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APPEAL from a decree of the surrogate of Monroe county, on a final settlement of the accounts of an executrix. Upon the hearing before the surrogate, in August 1856, it appeared that on the first day of January, 1850, the testator, Hollister Lathrop, and the appellants entered into partnership, under the firm name of J. Ganson & Go. That they carried on business as such, until August 11th, 1854, when the testator sold and assigned his interest in the partnership effects, including the debts owning to, and personal property owned by, the said firm, to the appellants and others who had…
1Opinion of the Court
By the Court, Welles, J.
The appellants’ counsel attempts to distinguish this case from that of Kirby v. Carpenter, (7 Barb. 373,) and contends that it should not be governed by the principle of that case in regard to the distribution of the assets of a deceased partner, on the ground that, as he contends, the evidence of the claim of the appellants against the firm of J. Ganson <fc Co., of which the testator was a member, consists of promisspry notes of that firm which were, in terms, joint and several, although subscribed by the firm name of J. Ganson <fc Co. Assuming that to have been the…
2Cases cited1 opinion
- Kirby v. CarpenterNew York Supreme Court · 1849