Mitchell v. . Reed
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of defendant, entered upon decision of the court at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of defendant, entered upon decision of the court at Special Term. (Reported below, 61 Barb., 310.) This action was brought to have certain leases, obtained by the defendant during the existence of a copartnership between him and plaintiff, for terms to commence at its termination, of premises leased and occupied by the firm; declared to have been taken for the partnership, and to have it adjudged that the defendant held them as trustee for the partnership. The facts…
1Concurrence
The question at issue in this case is, whether a member of a commercial partnership, during its continuance, and without the consent or knowledge of his associate, can take a renewal of a lease of property used in the business, in his own name and for his own benefit, the partnership having a definite termination, and the renewal lease commencing at its expiration.
The general power of a partner to take a lease of such property for his own benefit, must be considered as settled in this court by the decision in Struthers v. Pearce (51 N.Y., 357). In that case the lease was taken during the…
2Cases cited7 opinions
- Anderson v. . LemonNew York Court of Appeals · 1853
- Phyfe v. Wardell & WoolleyNew York Court of Chancery · 1835
- Struthers v. . PearceNew York Court of Appeals · 1873
- Phillips v. ReederNew Jersey Court of Chancery · 1866
- Dickinson v. CodwiseNew York Court of Chancery · 1844
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