Niagara County National Bank v. Lord
New York Supreme Court
Appeal by tbe plaintiffs from a judgment dismissing tbe complaint, entered on tbe report of a referee. In 1872 tbe defendants Jarvis Lord and William U. R. Lewin entered into a copartnership for tbe pni’pose of carrying on the distillery business, etc., in the firm name of Jarvis Lord & Co., and continued in business until 21st March, 1878, when the firm made a. general assignment to defendant Brackett for tbe benefit of creditors.
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Appeal by tbe plaintiffs from a judgment dismissing tbe complaint, entered on tbe report of a referee. In 1872 tbe defendants Jarvis Lord and William U. R. Lewin entered into a copartnership for tbe pni’pose of carrying on the distillery business, etc., in the firm name of Jarvis Lord & Co., and continued in business until 21st March, 1878, when the firm made a. general assignment to defendant Brackett for tbe benefit of creditors. Both members of the firm were then individually insolvent. In Janil ary, 1880, the assignee instituted proceedings in the County Court of Monroe county, pursuant…
1Opinion of the Court
Bradley, J.:
At the time the firm of Jarvis Lord & Co. was formed, it was understood that Lord would furnish capital to some extent to organize and carry on the business, and Lewin would devote his personal attention to it, and that to secure Lord for any balance that might be due him from Lewin on final settlement, the defendants Lewin should make to him a mortgage. And pursuant to that understanding they then did make to him a mortgage reciting theformation of the partnership, and that one condition of it was that they should make and deliver to him a mortgage for the purpose before…
2Cases cited27 opinions
- Southard v. . BennerNew York Court of Appeals · 1878
- Thompson v. . Van VechtenNew York Court of Appeals · 1863
- Parshall v. . EggertNew York Court of Appeals · 1873
- Brackett v. . HarveyNew York Court of Appeals · 1883
- Schuehle v. . ReimanNew York Court of Appeals · 1881
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