Van Brunt v. . Applegate
New York Court of Appeals
Appeal from a judgment of the G-eneral Term of the Supreme Court in the first judicial district, affirming a judgment for the plaintiff, on the report of a referee. The referee found the following facts: That, previous to the month of ¡November, 1853, one Cornelius Westervelt was the owner in fee of the premises in question, upon which premises he was carrying on the business of a wood turner.
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Appeal from a judgment of the G-eneral Term of the Supreme Court in the first judicial district, affirming a judgment for the plaintiff, on the report of a referee. The referee found the following facts: That, previous to the month of ¡November, 1853, one Cornelius Westervelt was the owner in fee of the premises in question, upon which premises he was carrying on the business of a wood turner. That, in that month, Westervelt and one Abram R. Welch, Jr., entered into a copartnership, under the firm name of Westervelt & Welch; Welch paying to Westervelt the one-half of the inventoried value of…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] It must be considered an established principle in the disposition of co-partnership property, in this State, since the decision of Mabbett v. White (2 Kernan, p. 442), that each partner has full power to sell and transfer the entirety of any particular goods, wares and merchandise, or other personal effects and property belonging to the partnership, and not merely his own share thereof, for purposes within the scope of the partnership, and that such sale and…
2Cited by12 opinions
- Fairchild v. . FairchildNew York Court of Appeals · 1876
- McGahan v. Bank of RondoutSupreme Court of the United States · 1895
- Staats v. . BristowNew York Court of Appeals · 1878
- Robinson v. . DaughtrySupreme Court of North Carolina · 1916
- Tarbel v. BradleyNew York Supreme Court · 1878
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