Delmonico v. Guillaume
New York Court of Chancery
Peter A. and John Delmonico became partners as restaurateurs in the city o'f New York in October, 1827. In 1835, they purchased a farm in the eastern part of the city of Brooklyn, for the purpose of supplying their establishment with vegetables and provisions; and it was used for that purpose several years. It was paid for out of the partnership funds, and was conveyed originally to John, who executed to Peter a deed for an undivided half.
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Peter A. and John Delmonico became partners as restaurateurs in the city o'f New York in October, 1827. In 1835, they purchased a farm in the eastern part of the city of Brooklyn, for the purpose of supplying their establishment with vegetables and provisions; and it was used for that purpose several years. It was paid for out of the partnership funds, and was conveyed originally to John, who executed to Peter a deed for an undivided half. John Delmonico died March 10, 1842, leaving a widow and his only child, Josephine, surviving. He had no property other than that in the copartnership. At…
1Opinion of the Court
The Assistant Vice-Chancellor.
The proof is full atid conclusive that the farm in Brooklyn was purchased by Peter and John Delmonico, while they were partners, for the partnership business; was used for that business ,* and was paid for out of the funds of the copartnership.
It also appears that the debts of the firm upon its dissolution by the death of John Delmonico, greatly exceeded the value of the personal property owned by the firm.
So far as the partners and their creditors are concerned, real estate belonging to the partnership, is treated in equity as personal property, and subjected to…
2Cases cited1 opinion
- Coles v. ColesNew York Supreme Court · 1818
3Cited by3 opinions
- Andrews' Heirs v. Brown's Adm'rSupreme Court of Alabama · 1852
- Buckley v. . DoigNew York Court of Appeals · 1907
- Moore v. WilliamsThe Superior Court of New York City · 1887