Waters v. Harris
The Superior Court of New York City
Appeal from a judgment upon a verdict directed at the trial term in favor of the defendant. The action was brought by Winfield Waters against Siegmund Harris to recover on a note alleged to have been made by defendant and one Albert Hirsch as co-partners of the firm of “ Albert Hirsch ” and delivered to plaintiff’s assignors. The firm of Albert Hirsch had been formed as • a limited partnership with the defendant as a special partner.
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Appeal from a judgment upon a verdict directed at the trial term in favor of the defendant. The action was brought by Winfield Waters against Siegmund Harris to recover on a note alleged to have been made by defendant and one Albert Hirsch as co-partners of the firm of “ Albert Hirsch ” and delivered to plaintiff’s assignors. The firm of Albert Hirsch had been formed as • a limited partnership with the defendant as a special partner. The parties to this action stipulated, however, as follows : 1. The defendant will admit on the trial hereof that for all the purposes of this action he is…
1Opinion of the CourtMcAdam, J.
The effect of the dissolution of a partnership is to put an end to the authority of the one partner to bind the other. The partnership existing between the defendant and Albert Hirsch was dissolved March 2, 1885, and the debt now attempted to be enforced against the defendant was contracted by Hirsch, May 28, 1885, nearly three months after the dissolution. Hirsch and Harris formed a limited partnership pursuant to the statute, Hirsch being the general and Harris the special ■ partner, and the dissolution was of such a partnership. The theory of the plaintiff’s action is that for some failure…
2Cases cited12 opinions
- Hall v. LanningSupreme Court of the United States · 1875
- Durant v. . AbendrothNew York Court of Appeals · 1884
- Myatts & Moore v. BellSupreme Court of Alabama · 1867
- Abendroth v. Van DolsenSupreme Court of the United States · 1889
- Haddock, Reed & Co. v. CrocheronTexas Supreme Court · 1869
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