Magovern v. . Robertson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order-made April 17, 1886, which affirmed a judgment in favor of •defendants, entered upon the report of a referee. This action was brought to charge defendants, as partners, for goods alleged to have been sold to the firm.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order-made April 17, 1886, which affirmed a judgment in favor of •defendants, entered upon the report of a referee. This action was brought to charge defendants, as partners, for goods alleged to have been sold to the firm. On April 30,1881, the defendants entered into the following contract: “ Memoranda of an agreement made and entered on this 30th day of April, 1881, by and between Evolin B. Robertson, of the village of Mayville, Chautauqua county, H. Y., of the first part, and M.…
1Opinion of the Court
Follett, Ch. J.
Persons having a proprietary interest in a business and in its profits are liable, as partners, to creditors, (Manhattan Brass and Man. Co. v. Sears, 45 N. Y. 797; Leggett v. Hyde, 58 id. 272, 278 ; Mason v. Partridge, 4 Hun, 621; affirmed, 66 N. Y. 633; Burnett v. Snyder, 81 id. 550, 555 ; Ontario Bk. v. Hennessey, 48 id. 545; Berthold v. Goldsmith, 24 How. [U. S.] 536, 541; Haas v. Root, 16 Hun, 526; 26 id. 632; Rosenfield v. Haight, 53 Wis. 260; 40 Am. Rep. 770.)
It is stipulated in the contract that the parties thereto should do what they reasonably could to make the…
2Cases cited2 opinions
- Manhattan Brass & Manufacturing Co. v. SearsNew York Court of Appeals · 1871
- Rosenfield v. HaightWisconsin Supreme Court · 1881
3Cited by8 opinions
- Donald v. GuyDistrict Court, E.D. Virginia · 1903
- First National Bank v. StaplesNew York Supreme Court · 1890
- Hull v. BarthAppellate Division of the Supreme Court of the State of New York · 1900
- Heck v. VoelkleNew York Supreme Court · 1916
- Zabriskie v. CoatesAppellate Division of the Supreme Court of the State of New York · 1899
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