Legal Opinion · Dissent

Cory v. Long

The Superior Court of New York City

Decided June 30, 1870Published

Appeals from two orders. The plaintiff was a member of the firm of W. P. Long & Co., which was composed of the plaintiff and defendant.

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Appeals from two orders. The plaintiff was a member of the firm of W. P. Long & Co., which was composed of the plaintiff and defendant. In 1869, by an instrument in writing, signed by and under the seals of the respective parties, the copartnership was dissolved, the right, title, and interest of the plaintiff in the copartnership property and effects sold, conveyed, and delivered by him to the defendant, who in consideration thereof agreed, in and by said instrument, “ that he would pay all and every debt, claim, and demand against the firm, and would hold the plaintiff free and clea/r of…

1DissentMcCunn, J.

About the facts of this case there is no controversy. It is either admitted, or else is established by a clear preponderance of proof, that the plaintiff sold his interest in the copartnership, of which the plaintiff and de*499fendant were the component members, to the defendant, and took back from the defendant an agreement that he would pay all the copartnership debts, and would indemnify this plaintiff against all liability in respect of them; that, in pursuance of such sale, the plaintiff delivered to the defendant the custody and control of all the copartnership effects; that various suits…

2Cases cited5 opinions

  1. Champion v. BrownNew York Court of Chancery · 1822
  2. King v. BaldwinNew York Court of Chancery · 1817
  3. Wilson v. . RobertsonNew York Court of Appeals · 1860
  4. Tower v. WhiteNew York Court of Chancery · 1843
  5. Cammeyer v. Corporation of United German Lutheran ChurchesNew York Court of Chancery · 1844

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