Drake v. Porter
New York Supreme Court
Appeal from judgment in favor of the plaintiff entered on the report of a referee. On the 8th January, 1810, the plaintiff and Mark V. Thompson became copartners in the city of Syracuse in the stove business. This firm succeeded that of Drake & Wells who had previously carried on business at the same place, Thompson taking the place and assuming the responsibilities of Wells, who retired from the business.
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Appeal from judgment in favor of the plaintiff entered on the report of a referee. On the 8th January, 1810, the plaintiff and Mark V. Thompson became copartners in the city of Syracuse in the stove business. This firm succeeded that of Drake & Wells who had previously carried on business at the same place, Thompson taking the place and assuming the responsibilities of Wells, who retired from the business. In 1812 a disagreement arose between Drake and Thompson, in reference to their partnership matters, and one Bassett was appointed receiver of the property and effects of said firm. On the…
1Opinion of the Court
MoxliN, P. J.:
Tbe bond on wbicb this action is brought is dated tbe 26th April, 1872. Tbe plaintiff did not give bis note for tbe costs, wbicb be seeks to recover of tbe defendants, until just before this action was commenced, wbicb was in April, 1875. It follows that tbe claims in suit accrued subsequent to tbe execution of tbe bond.
Tbe condition of'the bond is, that tbe obligors should pay, or cause to be paid, all tbe firm debts or liabilities now (that is on tbe 26th April, 1872) owing by Drake & Thompson on their joint partnership accounts, due or to become due, or in anywise connected…
2Cases cited5 opinions
- Churchill v. HuntNew York Supreme Court · 1846
- Letton v. YoungCourt of Appeals of Kentucky · 1859
- Howe v. . Buffalo, N.Y. Erie R.R. Co.New York Court of Appeals · 1867
- Witherby v. MannNew York Supreme Court · 1814
- Rodman v. HeddenNew York Supreme Court · 1833