Mercer v. Sayer & Toler
New York Supreme Court
The declaration in this action contained one count on a / promissory note, together with the common money counts. Plea, the general issue, with notice of set-off. The plaintiff produced, in evidence, a paper purporting to be an account stated between the plaintiff and defendants, and offered the confession of one of the defendants, made after the dissolution of the partnership, to show that the said account had been stated by the firm.
1Opinion of the CourtYates, J.
No confession, made by a partner after the dissolution of a partnership, can be received to charge his co-partners.(1)
*163It was then proved, that goods had been consigned by the plaintiff to the defendants, for sale; that the defendants had accordingly sold them, and had received in payment the note of one Burdell, payable the first of January, 1807.
The defendants contended, that this evidence could not be applied to any of the counts but the count for money had and received ; and, to support that count, the plaintiff must further show that the defendants had received the amount of the note. -
Yat…
2Cases cited8 opinions
- Hackley v. PatrickNew York Supreme Court · 1808
- Stafford v. RichardsonNew York Supreme Court · 1836
- Purdy v. AustinNew York Supreme Court · 1829
- Smith v. LudlowNew York Supreme Court · 1810
- Allen v. WebsterNew York Supreme Court · 1836
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