Whitaker v. Chapman
New York Supreme Court
This was an appeal, taken by the defendant from a judgment entered against him on the decision of the court. The plaintiff brought the action as treasurer of “The South Trenton Cheese Company,” an association of more than seven persons, carrying on the manufacture and sale of cheese, and claimed on behalf of the association to recover from the defendants, who were partners as factors or commission merchants, doing business in New York, the proceeds, less commissions, of 152…
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This was an appeal, taken by the defendant from a judgment entered against him on the decision of the court. The plaintiff brought the action as treasurer of “The South Trenton Cheese Company,” an association of more than seven persons, carrying on the manufacture and sale of cheese, and claimed on behalf of the association to recover from the defendants, who were partners as factors or commission merchants, doing business in New York, the proceeds, less commissions, of 152 boxes of cheese, which the plaintiff claimed to have delivered as such treasurer to the defendants, to be sold for cash,…
1Opinion of the Court
By the Court —
Johnson, J.
Upon the facts found by the judge, at Special Term, the judgment is clearly right. The debt was created by the defendants while acting in a fiduciary character, and was in no way affected by their discharge in bankruptcy afterward. The discharge does not absolve any party from the enforcement of a debt of that character against him, by the express terms of the bankrupt act (section 33). It is claimed, on behalf of the defendants, that the property sold by them was received and sold upon an undertaking on their part, that they should guaranty to the plaintiff payment…
2Cases cited1 opinion
- Valentine v. . ConnerNew York Court of Appeals · 1869
3Cited by4 opinions
- Bennett v. Agricultural InsuranceNew York Supreme Court · 1884
- Barber v. . SterlingNew York Court of Appeals · 1877
- Zeperink v. CardDistrict Court, E.D. Missouri · 1882
- Chipley v. FriersonSupreme Court of Florida · 1882