Grazebrook v. M'Creedie
New York Supreme Court
On the eighth day of September last, M’Creedie, one of the above defendants, filed a bill in chancery against E. Senior, the other of the above defendants, and one R. Senior, alleging that they were his copartners in trade, charging them with having fraudulently removed goods belonging to the firm, with the intent of depriving some of the creditors of the firm of their just claims, and praying an injunction restraining them from removing goods, collecting debts, &c. and…
Read the full summary
On the eighth day of September last, M’Creedie, one of the above defendants, filed a bill in chancery against E. Senior, the other of the above defendants, and one R. Senior, alleging that they were his copartners in trade, charging them with having fraudulently removed goods belonging to the firm, with the intent of depriving some of the creditors of the firm of their just claims, and praying an injunction restraining them from removing goods, collecting debts, &c. and asking for the appointment of a receiver. On the same day an injunction was granted, but so modified that E. Senior was…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The fact of collusion and fraud is fully denied by the affidavits on the part of the plaintiffs. The principal question arising in the case is, whether one partner has power to employ an attorney for all the co-partners not brought into court, and whether a judgment confessed by such attorney is regular ?
It is a general rule that each partner has authority to make contracts relating "to the partnership, and to dispose of the partnership property in the regular course of business; but it is well settled that one partner cannot bind his copartner by deed without…
2Cases cited5 opinions
- Crane v. FrenchNew York Supreme Court · 1828
- MbBride v. HaganNew York Supreme Court · 1828
- Green v. BealsNew York Supreme Court · 1804
- Meacham v. DudleyNew York Supreme Court · 1831
- Taylor v. CoryellSupreme Court of Pennsylvania · 1825
3Cited by25 opinions
- Hall v. LanningSupreme Court of the United States · 1875
- Vilas v. Plattsburgh & Montreal RailroadNew York Court of Appeals · 1890
- Tyrrell v. HiltonCourt of Appeals of Maryland · 1900
- Ellsworth v. CampbellNew York Supreme Court · 1860
- Pardee v. Haynes & MerriamNew York Supreme Court · 1834
20 more not listed; retrieve them via the Exa API.