Van Tine v. Crane
New York Supreme Court
Demurrer to rejoinder. The plaintiff declared, as the endorsee of a promissory note, made by one of the defendants, ja their partnership name of Crane & Platt, (they being part- . , , , - , , . - , . ners m trade under that name ana style,) and by one .Robert Van Tine, payable to Mary B. Van Tine, who, at the time of the mailing of the note was the wife of the said Robert F. Van Tine, for the sum of $600. The note was joint and seaeraZ.
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Demurrer to rejoinder. The plaintiff declared, as the endorsee of a promissory note, made by one of the defendants, ja their partnership name of Crane & Platt, (they being part- . , , , - , , . - , . ners m trade under that name ana style,) and by one .Robert Van Tine, payable to Mary B. Van Tine, who, at the time of the mailing of the note was the wife of the said Robert F. Van Tine, for the sum of $600. The note was joint and seaeraZ. The suit was commenced against Crane and Platt alone, who plead in abatement the non-joinder of the other maker. The plaintiff replied precludi non, because…
1Opinion of the Court
By the Court,
Sutherla&d, J.
The note having been signed by one of the partners in the partnership name, was the note of the firm, and not of the individuals composing it, so far as the remedy to enforce payment was concerned. Partners cannot be individually sued for a partnership debt. Each partner is bound for the whole until the debt is paid; but payment can be enforced only by a joint action against all. Their responsibilities are joint only, and not joint and several, so as to subject each to a separate action. This question was very ably and elaborately discussed, and fully settled in…
2Cited by11 opinions
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- City of Syracuse v. BenedictNew York Supreme Court · 1895
- Farwell v. DavisNew York Supreme Court · 1867
- Dawson v. WaitSupreme Court of Vermont · 1869
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