Legal Opinion

Royal Bank & Trust Co. v. Weintraub, Gold & Alper

New York Court of Appeals

Decided July 8, 1986PublishedCited by 18 opinions

1Opinion of the Court

*127OPINION OF THE COURT

Kaye, J.

Despite private agreement to dissolve a partnership, partners who continue to carry on business in the firm name with no manifestation of their dissolution, are estopped to deny liability to a party relying on the public indicia of partnership, for a tort committed by a partner acting with apparent authority.

The essential facts are undisputed. On September 27, 1977, Roger Allen sought a short-term loan of $60,000 from plaintiff, the Royal Bank and Trust Company, to enable him to obtain a larger loan from another source. Allen advised plaintiff that the $60,000…

2Cases cited4 opinions

  1. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  2. Andre v. PomeroyNew York Court of Appeals · 1974
  3. Hedeman v. Fairbanks, Morse & Co.New York Court of Appeals · 1941
  4. Poillon v. . SecorNew York Court of Appeals · 1875

3Cited by18 opinions

  1. Anderson v. Standard Register Co.Tennessee Supreme Court · 1993
  2. Gramercy Equities Corp. v. DumontNew York Court of Appeals · 1988
  3. Bankers Trust Co. v. CerratoAppellate Division of the Supreme Court of the State of New York · 1992
  4. National Union Fire Insurance v. Proskauer Rose Goetz & MendelsohnNew York Supreme Court · 1994
  5. 99 Realty Co. v. EikenberryAppellate Division of the Supreme Court of the State of New York · 1997

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