Harbeck v. Pupin
New York Supreme Court
Demurrer to complaint. Henry Harbeck brought this action against Sarah Catharine Pupin and others, executors of one Agate, to charge hi-s estate with a debt of a co-partnership of which he was a member on a promissory note made by the co-partnership before his death.
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Demurrer to complaint. Henry Harbeck brought this action against Sarah Catharine Pupin and others, executors of one Agate, to charge hi-s estate with a debt of a co-partnership of which he was a member on a promissory note made by the co-partnership before his death. The complaint alleged the making of the note; the entry of a judgment by confession in favor of the plaintiff and against the members of the firm except Agate ; the issue of an execution on the judgment, and the return of the same unsatisfied. That on March 13. 1886 the said co-partner■ship liaving previously been dissolved,…
1Opinion of the Court
Ingraham, J.—[After stating the facts.]
It is clear that the complaint is demurrable, on the ground that the plaintiff has not alleged that the legal remedies against the surviving *192partners have been exhausted, unless the allegations of the complaint bring the case within section 1942 of the Code. By that section the joint debtor may make a separate composition with his creditors as therein prescribed. Such a composition discharges the debtor making it and him only. A member of a partnership can not thus compound for a partnership debt until the partnership is dissolved by consent or…
2Cases cited5 opinions
- Rowley v. StoddardNew York Supreme Court · 1810
- De Zeng v. BaileyNew York Supreme Court · 1832
- Irvine v. . MillbankNew York Court of Appeals · 1874
- Murray v. . FoxNew York Court of Appeals · 1887
- Saxton v. DodgeNew York Supreme Court · 1873