Morss v. . Gleason
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant Gleason, entered upon the report of a referee. (Reported below, 2 Hun, 31.) This action was brought upon a promissory note made by the firm of Morss, Reed & Co., of which firm defendants were the partners.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant Gleason, entered upon the report of a referee. (Reported below, 2 Hun, 31.) This action was brought upon a promissory note made by the firm of Morss, Reed & Co., of which firm defendants were the partners. The note was dated January 2, 1865. On the 25th January, 1867, defendant Gleason (who alone appeared and answered), with the assent of his copartners, sold and assigned his interest in the firm to one Baker, who assumed his liabilities and was received…
1Opinion of the CourtAllen, J.
By the transfer from Gleason to Baker of his interest in the property and assets of the firm of Morss, Beed & Co., Baker only acquired a right to an accounting, in respect to the partnership effects, and to the surplus that should remain after the payment of the partnership debts, and any balance that might be due from Gleason to his copartners upon an accounting between them. By such transfer, the partnership of Morss, Beed & Co., as that firm had been theretofore constituted, was dissolved, and by the acceptance, by the remaining partners, of Baker, as a member of the firm, a new…
2Cases cited2 opinions
- Menagh v. . WhitwellNew York Court of Appeals · 1873
- Savage v. . PutnamNew York Court of Appeals · 1865
3Cited by13 opinions
- Colgrove v. . TallmanNew York Court of Appeals · 1876
- Reyburn v. MitchellSupreme Court of Missouri · 1891
- Durham v. CraigIndiana Supreme Court · 1881
- Gourley v. TylerCourt of Appeals of Texas · 1891
- Jarvie v. ArbuckleAppellate Division of the Supreme Court of the State of New York · 1914
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