Colgrove v. . Tallman
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee, and granting a new trial. (Mem. of decision below, 5 Hun, 103.) This was an action upon a promissory note, made by the firm of H. C. Barnes & Co., of which firm defendants were sole partners. The note was given October 3, 1863, payable “ fifteen days demand after date.”
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee, and granting a new trial. (Mem. of decision below, 5 Hun, 103.) This was an action upon a promissory note, made by the firm of H. C. Barnes & Co., of which firm defendants were sole partners. The note was given October 3, 1863, payable “ fifteen days demand after date.” About June 21, 1864, defendant, TaEman, sold out all his interest in the partnership property and effects to defendant Barnes, who agreed to assume and…
1Opinion of the CourtFolger, J.
By the dissolution of the copartnership, of • which Barnes and Tallman were the members, and the transfer of all the property to Barnes, and his agreement with Tallman to pay all the debts of the firm; Tallman became in equity, as between himself and Barnes, a surety, for Barnes as principal debtor in those debts. (Millerd v. Thorn, 56 N. Y., 402; Savage v. Putnam, 32 id., 501; Kinney v. McCullough, 1 Sandf. Ch. R., 370; Morss v. Gleason, 64 N. Y., 204.)
When it was made known to Oolgroye by Tallman, that Barnes and Tallman had gone into the bargain, which was thus made between them, Colgrove…
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