Wright v. Storrs
The Superior Court of New York City
Appeal by the defendants from a judgment rendered on a trial had in February, 1859, before Mr. Justice Hoffman, without a jury. The action is brought by Henry J. Wright, as plaintiff) against Richard A. Storrs, survivor of Daniel Burgess, (who composed the firm of Daniel Burgess & Company,) and John Paine, administrator, &c., of said Daniel Burgess, to recover a sum alleged to be due to the plaintiff from said firm of D. Burgess & Company.
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Appeal by the defendants from a judgment rendered on a trial had in February, 1859, before Mr. Justice Hoffman, without a jury. The action is brought by Henry J. Wright, as plaintiff) against Richard A. Storrs, survivor of Daniel Burgess, (who composed the firm of Daniel Burgess & Company,) and John Paine, administrator, &c., of said Daniel Burgess, to recover a sum alleged to be due to the plaintiff from said firm of D. Burgess & Company. The complaint prayed, and the judgment entered declared, that plaintiff recover judgment against Storrs, as such survivor, for $15,344 and interest, and…
1Opinion of the Court
By the Court—Bosworth, Ch. J.
The firm of D. Burgess & Company owed the plaintiff the amount found at Special Term to be due to him.
The plaintiff had a right to proceed against the defendant, Storrs, at law, as the surviving member of that firm, to recover from him the sum due. He also had the equitable right, Storrs having sold his interest to Burgess on his agreement to indemnify Storrs against all debts of the firm, to be paid by Paine, as administrator, pari passu; with other creditors, out of the copartnership assets, the firm being insolvent.
If both causes of action could not be united…
2Cases cited2 opinions
- King v. WhitelyNew York Court of Chancery · 1843
- Doolittle v. NaylorThe Superior Court of New York City · 1857