Legal Opinion

Hackley v. Patrick

New York Supreme Court

Decided November 15, 1808PublishedCited by 25 opinions

THIS was an action of assumpsit, for goods sold and , , , , , , , . , mi delivered, money lent, and money had and received. JL he cause was tried at the last sittings held in New-Tork. Patrick and Hastie entered into copartnership in 1800, ant* carried on their business in the city of New-Tork. On the 31st December, 1801, they dissolved their partnership, and a notice of the dissolution was published in the gazeaes Gf the city, in the following words : “ Notice.

Read the full summary

THIS was an action of assumpsit, for goods sold and , , , , , , , . , mi delivered, money lent, and money had and received. JL he cause was tried at the last sittings held in New-Tork. Patrick and Hastie entered into copartnership in 1800, ant* carried on their business in the city of New-Tork. On the 31st December, 1801, they dissolved their partnership, and a notice of the dissolution was published in the gazeaes Gf the city, in the following words : “ Notice. The mercantile concern, under the firm of Henry Hastie & Co. expired on the 31st ultimo, by its own limitation, All persons having…

1Per curiam

This is a clear case. After a dissolution of a copartnership, the power of one party to bind the others, wholly ceases. There is no reason why his acknowledgment of an account should bind his copartners, any more than his giving a promissory note in the name of the firm, or any' other act. The plaintiff ought to have produced'furthef evidence of the debt; the acknowledgment of 'Hastie alone was not sufficient to charge Patrick.

There must be a new trial; with costs to abide the event of the suit.

New trial granted.

2Cited by25 opinions

  1. Van Keuren v. . ParmeleeNew York Court of Appeals · 1849
  2. Osgood v. President & Directors of the Manhattan Co.New York Supreme Court · 1824
  3. Tate v. ClementsSupreme Court of Florida · 1878
  4. Lane v. DotyNew York Supreme Court · 1848
  5. Hammon v. HuntleyNew York Supreme Court · 1825

20 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API