In re the Accounting of Petze
New York Supreme Court
Motion to confirm referee’s report.
1Opinion of the CourtNash, J.
Where one of two partners retires from the business, relinquishing to the other all his interest in the partnership property, the remaining partner acquires the same dominion as if it had ever been his own separate property, the transfer being in good faith, the title vests in the remaining partner as his own private estate, free from any lien or equity of partnership creditors, and such remaining partner may lawfully transfer such property in payment of Ms individual debts. Dimon v. Hazard, 32 N. Y. 65; Stanton v. Westover, 101 id. 265. But the transfer cannot be upheld as against firm…
2Cases cited2 opinions
- Dimon v. . HazardNew York Court of Appeals · 1865
- Bliss v. HornthalAppellate Division of the Supreme Court of the State of New York · 1898