Thorn v. Smith
New York Supreme Court
This was an action of assumpsit for money paid. The declaration contained the money counts only; Wright alone was brought into court. On the trial it was proved, that in September, 1835, the defendants were partners in the saddling business; which partnership has since been dissolved.
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This was an action of assumpsit for money paid. The declaration contained the money counts only; Wright alone was brought into court. On the trial it was proved, that in September, 1835, the defendants were partners in the saddling business; which partnership has since been dissolved. Previous to the dissolution, Smith, one of the defendants, told a witness that he wanted to borrow ei(J0 for the partnership, and that he applied to the plaintiff to aid him in procuring the money; that the plaintiff told him to draw his note for $200 that he would endorse it, and take one half of the sum for…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
It was not competent for Smith by his declaration, even during the. existence of the partnership, to change what on the face of the transaction appeared to be an individual debt, into a debt against the firm. The plaintiff did not suppose that he was dealing with the firm when' he loaned his credit ■ but the contrary. The utmost length the cases have gone is to subject the firm, where the money has been borrowed by pne of the partners expressly "for the benefit of the partnership. 16 Wendell, 505. To sanction the principle contended for would enable ' a partner at…
2Cases cited1 opinion
- Whitaker v. BrownCourt for the Trial of Impeachments and Correction of Errors · 1836
3Cited by8 opinions
- Buckner v. LeeSupreme Court of Georgia · 1850
- Kirby v. HewittNew York Supreme Court · 1858
- Bank of Commerce v. Selden, Withers & Co.Supreme Court of Minnesota · 1859
- Hester v. SmithWyoming Supreme Court · 1895
- Randall v. KnevalsAppellate Division of the Supreme Court of the State of New York · 1898
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