Legal Opinion

Holdane v. Butterworth

The Superior Court of New York City

Decided May 14, 1859PublishedCited by 3 opinions

This is an appeal by the plaintiffs (John H. and James H. Holdane) from a judgment entered on a verdict in favor of the defendant, (John E. Butterworth,) rendered at a trial had before Mr. Justice Slossokt and a jury, in March, 1858. Charles H. Tupper and Wesley M. Lee were also named as defendants, but neither of them was served with the summons or appeared in the action.

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This is an appeal by the plaintiffs (John H. and James H. Holdane) from a judgment entered on a verdict in favor of the defendant, (John E. Butterworth,) rendered at a trial had before Mr. Justice Slossokt and a jury, in March, 1858. Charles H. Tupper and Wesley M. Lee were also named as defendants, but neither of them was served with the summons or appeared in the action. The complaint states that the defendants on the 10th of October, 1855, were partners “ under the name or style of C. H. Tupper, or C. H. Tupper & Lee, at the building usually known as the Atlantic Forge, Ho. 268 Eleventh…

1Opinion of the Court

Moncrief, J.,

delivered a written opinion, which, after stating the facts of the case, proceeds as follows:

Collyer on Partnership, section 530, states the rule to be, that “all the partners maybe bound, after the dissolution of the partnership, by a contract made by one partner in the usual course of business, and in the name of the firm, with a person who contracted on the faith of the partnership and had no notice of the dissolution. The principle on which this responsibility proceeds, is the negligence of the partners in leaving the world in ignorance of the fact of the dissolution, and…

2Cases cited5 opinions

  1. Vernon v. Manhattan Co.Court for the Trial of Impeachments and Correction of Errors · 1839
  2. City Bank of Brooklyn v. . McChesneyNew York Court of Appeals · 1859
  3. Graves v. MerryNew York Supreme Court · 1827
  4. Kelley v.HurlburtNew York Supreme Court · 1826
  5. Tombeckbee Bank v. DumellU.S. Circuit Court for the District of Rhode Island · 1828

3Cited by3 opinions

  1. Benjamin v. CovertWisconsin Supreme Court · 1879
  2. Strecker v. ConnIndiana Supreme Court · 1883
  3. Dawson v. PogueOregon Supreme Court · 1888

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