Reed & Barton v. Ashe
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Reed & Barton, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the verdict of a jury rendered by direction of the court after a trial at the Monroe Trial Term.
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Motion by the plaintiff, Reed & Barton, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the verdict of a jury rendered by direction of the court after a trial at the Monroe Trial Term. The plaintiff,, a manufacturing corporation, with its principal place of -business at Taunton, Mass., seeks by this action to recover of the defendant a balance of an account alleged to be due the plaintiff from the firm of Smyth & Ashe, of which firm the defendant was at one time a member. This firm, which consisted-- of the defendant…
1Opinion of the Court
Adams, J. :
The rule is too' well settled to admit of any question, that where a partnership is dissolved and one partner takes the partnership property and agrees to pay the partnership debts, as between himself arid his former partner, he thereby, as to those debts, becomes the principal debtor, wdiile the retiring partner occupies the relation of a surety only. (Savage v. Putnam, 32 N. Y. 501; Morss v. Gleason, 64 id. 204; Colgrove v. Tallman, 67 id. 95.) And when such an arrangement is fairly and fully brought to the knowledge *504of a creditor of the firm, he is hound to respect the fights of…
2Cases cited9 opinions
- Waydell v. LuerCourt for the Trial of Impeachments and Correction of Errors · 1846
- Millerd v. . ThornNew York Court of Appeals · 1874
- Arnold v. CampNew York Supreme Court · 1815
- Palmer v. . PurdyNew York Court of Appeals · 1880
- Savage v. . PutnamNew York Court of Appeals · 1865
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bank of United States v. MoskowitzCity of New York Municipal Court · 1934
- Drake v. HodgsonNew York Supreme Court · 1922
- Cameron & Hawn v. La PorteAppellate Division of the Supreme Court of the State of New York · 1926
- Bryant v. SettelAppellate Terms of the Supreme Court of New York · 1909
- McLaughlin v. BieberNew York Supreme Court · 1899
3 more not listed; retrieve them via the Exa API.