Skinner v. Tinker
New York Supreme Court
ACTION to recover damages for breach of a contract, for the formation of a partnership. The plaintiff, a dentist of Brooklyn, and the defendant, a dentist of Havana, Cuba, entered into a written agreement at the latter place, March 12, 1853, by which they were to prosecute dentistry, as partners, at Havana; to begin some time in .October or November thereafter, if plaintiff should present himself. The agreement was silent in regard to the duration of the partnership.
Read the full summary
ACTION to recover damages for breach of a contract, for the formation of a partnership. The plaintiff, a dentist of Brooklyn, and the defendant, a dentist of Havana, Cuba, entered into a written agreement at the latter place, March 12, 1853, by which they were to prosecute dentistry, as partners, at Havana; to begin some time in .October or November thereafter, if plaintiff should present himself. The agreement was silent in regard to the duration of the partnership. Thereupon the plaintiff sold out his business at Brooklyn to Dr. Marvine, and entered into bonds not to resume practice there,…
1Opinion of the Court
By the Court, Ingraham, J.
It is not necessary to decide whether the contract on which this action was brought was void here for want of a stamp, under the laws of Cuba. The case of Ludlow v. Van Renssaelar (1 John. 94) would sustain a recovery in our courts, on the contract, although not stamped. (See also Andrews v. Herriot, 4 Cowen, 508, n.)
A partnership that has no limit in respect to time may be dissolved by either partner, at any time, (Chit, on Con. 208;) but such dissolution would not deprive the other .party of any claim for damages which he might have sustained prior to the…
2Cases cited2 opinions
- Skinner v. DaytonNew York Supreme Court · 1822
- Ludlow, Brewerton, & Strong v. Van RensselaerNew York Supreme Court · 1806
3Cited by12 opinions
- Marshall v. . ShermanNew York Court of Appeals · 1895
- Hawley v. SmithIndiana Supreme Court · 1873
- Baumann v. . PinckneyNew York Court of Appeals · 1890
- Durland v. PitcairnIndiana Supreme Court · 1875
- Turner v. ParryIndiana Supreme Court · 1866
7 more not listed; retrieve them via the Exa API.