Kitchen v. Lee
New York Court of Chancery
This was an appeal, by the defendant Lee, from a decretal order of the vice chancellor of the first circuit, overruling the appellant’s plea. In February, 1841, the complainant and the defendant Lee entered into copartnership in the mercantile business in New-.York; and during the continuance of such copartnership they, as copartners, contracted debts by the purchase of goods upon credit.
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This was an appeal, by the defendant Lee, from a decretal order of the vice chancellor of the first circuit, overruling the appellant’s plea. In February, 1841, the complainant and the defendant Lee entered into copartnership in the mercantile business in New-.York; and during the continuance of such copartnership they, as copartners, contracted debts by the purchase of goods upon credit. In September, of the same year, the com-' plainant retired from the business, and left Lee to carry it on' alone; and relinquished to him the goods of the firm, amounting to about $4500, upon condition that…
1Opinion of the Court
The Chancellor.
The plea in this case is founded upon the supposition that the complainant is not entitled to any relief whatever, if the defendant Lee, as an infant, was not bound by his contract to pay the debts of the copartnership. It does not follow, however, that the complainant is without remedy in this court, even if Lee is not legally bound by his agreement upon the dissolution of the copartnership. The contract was one which he might affirm or repudiate at his election; But he ; cannot be permitted to retain all the copartnership effects, and at thfe same time refuse to perform the…
2Cases cited1 opinion
- Badger v. PhinneyMassachusetts Supreme Judicial Court · 1819
3Cited by15 opinions
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- Wallace v. LeroyWest Virginia Supreme Court · 1905
- Wm. Devries & Co. v. SummitSupreme Court of North Carolina · 1882
- Bartholomew v. FinnemoreNew York Supreme Court · 1854
- Walsh v. . PowersNew York Court of Appeals · 1870
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