Van Scoter v. Lefferts
New York Supreme Court
This was an action brought by the plaintiff to recover of the defendant a balance claimed to be due from the defendant for goods purchased by the defendant from the firm of Smith &. Lefferts, while the defendant was a member of that firm.
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This was an action brought by the plaintiff to recover of the defendant a balance claimed to be due from the defendant for goods purchased by the defendant from the firm of Smith &. Lefferts, while the defendant was a member of that firm. The complaint alledged that the defendant was .indebted to the plaintiff on the 30th day of December, 1848, for goods, wares and merchandise, before then sold and delivered to the defendant, and interest thereon, in the sum of $488,05. For that on the 13th day of February, 1840, the defendant was an equal partner with one Andy L. Smith, in selling goods, &c.…
1Opinion of the Court
By the Court,
Johnson, J.
Assuming, without any particular examination, that all the questions of fact were properly found and disposed of by the referee, there is a question of law, arising upon these facts, in which the referee manifestly erred.
On the 13th day of February, 1840, the defendant was a partner of one Smith, in selling goods, and on that day he sold to one Hartshorn all his interest in the partnership property and effects, for a certain sum, Hartshorn agreeing to pay his proportion of all the partnership debts, due from the firm of Smith & Leiferts. The defendant’s interest in the…
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