Legal Opinion

Burch v. Newberry

New York Supreme Court

Decided December 6, 1847PublishedCited by 6 opinions

In Equity. In April, 1845, the plaintiff Thomas Burch and the defendant Isaac H. Burch entered into an agreement, at Little Falls, to form a copartnership for carrying on the business of exchange brokers at Chicago, Illinois, under the name of I. H. Burch & Co., to commence on the 1st of May thereafter. I. H. Burch was to reside at Chicago, and take charge of the business, and the plaintiff resided at Little Falls.

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In Equity. In April, 1845, the plaintiff Thomas Burch and the defendant Isaac H. Burch entered into an agreement, at Little Falls, to form a copartnership for carrying on the business of exchange brokers at Chicago, Illinois, under the name of I. H. Burch & Co., to commence on the 1st of May thereafter. I. H. Burch was to reside at Chicago, and take charge of the business, and the plaintiff resided at Little Falls. The plaintiff and I. H. Burch provided the funds, and prepared to enter on the business. I. H. Burch and W. L. Newberry, also a resident of Chicago, had for more than a year…

1Opinion of the CourtGridley, J.

I am satisfied, by the evidence in this case, that the transaction of the 30th of April, 1845, should be regarded as an adjustment and settlement, pro tanto, of the co-partnership business of the firm of Newberry & Burch. The copartnership existing between the parties expired on that day; and the transaction in question embraced a purchase by, and a transfer to, I. H. Burch, one of the copartners, of all the effects of the firm then remaining in the hands of John T. Smith & *654Co., of New-York. These assets amounted to the sum of #10,961,48; and the firm received in satisfaction therefor, a…

2Cases cited4 opinions

  1. Barker v. BucklinNew York Supreme Court · 1846
  2. Weston v. BarkerNew York Supreme Court · 1815
  3. Peyton v. HallettNew York Supreme Court · 1803
  4. Harrison v. WilliamsonNew York Court of Chancery · 1835

3Cited by6 opinions

  1. Bruce v. . TilsonNew York Court of Appeals · 1862
  2. Broaddus's devisees v. Broaddus's heirsCourt of Appeals of Kentucky · 1874
  3. Ashley v. CunninghamSupreme Court of Arkansas · 1855
  4. Bruce v. TilsonNew York Court of Appeals · 1862
  5. Burch v. . NewburyNew York Court of Appeals · 1852

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