Berkshire Woolen Company v. . Juillard
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing an order of Special Term which overruled exceptions to and confirmed a referee’s report herein.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing an order of Special Term which overruled exceptions to and confirmed a referee’s report herein. (Reported below, 13 Hun, 506.) This action was brought by plaintiff as creditor of the firm of Hoyt, Spragues & Co., in its own behalf and in behalf of other creditors, against the receiver of said firm appointed in a former action, and against the members of said firm, to reach the assets of said firm and have them applied in payment of its debts. By the judgment therein said firm was. declared…
1Opinion of the CourtRapallo, J.
The bond upon which the banks found their claim against the co-partnership assets of the firm of Hoyt, Spragues & Co. is executed by all the six members of that firm, and purports to be their joint obligation, as well as the several obligation of each of them. It also purports to create a joint obligation on the part of any two or more of them. The only aspect in which it is necessary to consider it on this appeal, is as the joint obligation of all the members of the firm, and the question presented, is whether it can be enforced as a co-partnership obligation against the co-partnership…
2Cases cited1 opinion
- Turner v. . JaycoxNew York Court of Appeals · 1869
3Cited by15 opinions
- Carson, Pirie, Scott & Co. v. Byers & EggersSupreme Court of Iowa · 1885
- New York Institution for the Instruction of the Deaf & Dumb v. CrockettAppellate Division of the Supreme Court of the State of New York · 1907
- Ex parte NasonSupreme Judicial Court of Maine · 1880
- In re W. S. Kuhn & Co.District Court, W.D. Pennsylvania · 1917
- Queen City Petroleum Products Co. v. Norwood-Hyde Park Bank & Trust Co.Ohio Court of Appeals · 1934
10 more not listed; retrieve them via the Exa API.