Dethlefs v. Tamsen
New York Court of Common Pleas
Appeal by the defendant from a judgment in favor of plaintiff, entered upon a Verdict rendered at the trial before Chief Justice Charles P. Daly, and a jury. This action was brought by Dethlefs against his former partner, Tamsen, upon a promissory note for $3,000 made by Tamsen to Dethlefs.
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Appeal by the defendant from a judgment in favor of plaintiff, entered upon a Verdict rendered at the trial before Chief Justice Charles P. Daly, and a jury. This action was brought by Dethlefs against his former partner, Tamsen, upon a promissory note for $3,000 made by Tamsen to Dethlefs. The answer admitted the making and delivery of the note, and set up as a defense, failure of consideration to the extent of $2,500 of the note, to which extent the note was •given in payment to the plaintiff for the good-will of the partnership upon a previous sale by plaintiff to defendant of plaintiff’s…
1Opinion of the CourtVan Hoesen, J.
The plaintiff simply appeals from the judgment, not having made a motion for a new trial in the court below ; and we are called upon to examine the exceptions he took upon the trial.
It is well settled that a retiring partner, byr selling the good-will of the business to his associate, does not deprive himself ,of the right to engage in or prosecute a similar business in the vicinity of the place of business of the dissolved firm. (White v. Jones, 1 Abb. Pr. N. S. 328.) If the retiring partner, after selling the good-will, represents the new business which he establishes to be the same that…
2Cases cited1 opinion
- Lawrence v. KidderNew York Supreme Court · 1851
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