J. D. Evernghim v. R. & A. Ensworth
New York Supreme Court
Motion to set aside report of referees. Joseph D. Evernghim and his brothers, James and Gilbert, were partners in trade, as merchants conducting business at the village of Rochester under the name and firm of Evernghim & Co.; Joseph resided in New-York, James in Canandaigua, and Gilbert in Rochester; Gilbert having the principal management of the business.
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Motion to set aside report of referees. Joseph D. Evernghim and his brothers, James and Gilbert, were partners in trade, as merchants conducting business at the village of Rochester under the name and firm of Evernghim & Co.; Joseph resided in New-York, James in Canandaigua, and Gilbert in Rochester; Gilbert having the principal management of the business. On the 12th June, 1826, at the city of New-York, Joseph and James, two of the partners, executed an assignment of all their property, real and personal, including the debts due the firm at Rochester, to their father, Gilbert Evernghim, for…
1Opinion of the Court
By the Court,
Sutherland, J.
The referees allowed the account of the defendants against Gilbert Evernghim, jun. one of the plaintiffs; or at least, as much thereof as to balance the claim of the plaintiffs. The question is whether such allowance was proper upon any principle 1 I do not see how it can be sustained. It is admitted that a firm is not responsible for the individual debts of its members, and that such debts cannot be off-set against a partnership demand, but it is contended, 1st. That there was an actual payment of the plaintiff’s account in this case, by the application of the…
2Cases cited1 opinion
- Ehel v. SmithNew York Supreme Court · 1805
3Cited by34 opinions
- N. Rogers & Sons v. BatchelorSupreme Court of the United States · 1838
- Clift v. . MosesNew York Court of Appeals · 1889
- Locke v. LewisMassachusetts Supreme Judicial Court · 1878
- Cannon v. LindseySupreme Court of Alabama · 1887
- Goldsmith v. Eichold Bros. & WeissSupreme Court of Alabama · 1891
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