Glover v. Tuck
New York Supreme Court
Demurrer to declaration in covenant. The plaintiff recited in the first count, that he severally, and the defendants in common, were before, and at the time of the agreement executed, seized of land bearing pine timber in the state of Michigan,[viz. the plaintiff of 1120 acres, the defendants viz.
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Demurrer to declaration in covenant. The plaintiff recited in the first count, that he severally, and the defendants in common, were before, and at the time of the agreement executed, seized of land bearing pine timber in the state of Michigan,[viz. the plaintiff of 1120 acres, the defendants viz. Tuck of 500 acres; Ewer, 1500 acres; R. Runker, 406 acres of an acre, and O. Runker 800 acres ; and that on the 27th of February, 1837, by sealed agreement between the plaintiff and defendants, the parties agreed, each with all the rest, separately and collectively, that they would pay their [ *154…
1Opinion of the Court
*By the Court,
Cowen. J.
There is not the least question that this [ *158 ] action is well founded in principle. The objection that the articles *158of agreement between the plaintiff and defendants constituted a partnership, in consequence of which the plaintiff’s remedy lies in a court of equity only, is thus answered by Collyer on Partnership, 132, Am. ed. 1839: “ One partner may maintain an action of covenant against his co-partner, whether the covenant be to pay any sum, or do any act for the purpose of only launching the partnership, or whether it be to perform any of the articles after the…
2Cases cited6 opinions
- Townsend and Others v. GoeweyNew York Supreme Court · 1838
- Williams v. CraryNew York Supreme Court · 1830
- Musier v. TrumpbourNew York Supreme Court · 1830
- Postmaster-General of the United States v. CochranNew York Supreme Court · 1807
- Wright v. TuttleSupreme Court of Connecticut · 1810
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Kern v. ZeiglerWest Virginia Supreme Court · 1878
- H. & W. Blunt v. WilliamsSupreme Court of Arkansas · 1872