Tarbel v. Bradley
New York Supreme Court
Trial by the court. This was an action by George G. Tarbel against Joseph W. Bradley and others, upon a mortgage made by a partner, upon his interest in a firm. The firm of Wests, Bradley & Carey was a limited partnership, consisting of Joseph I. West, James D. West, Joseph W. Bradley, and Alansen Carey, as general partners, and John C. Henderson as special partner.
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Trial by the court. This was an action by George G. Tarbel against Joseph W. Bradley and others, upon a mortgage made by a partner, upon his interest in a firm. The firm of Wests, Bradley & Carey was a limited partnership, consisting of Joseph I. West, James D. West, Joseph W. Bradley, and Alansen Carey, as general partners, and John C. Henderson as special partner. The partnership began January 3, 1865, and was to terminate December, 1867. The business was manufacturing and selling hoop-skirts, wire, &c., &c. By the articles of copartnership, Bradley agreed that he would not, during the…
1Opinion of the CourtVan Vorst, J.
A full consideration of the evidence justifies the conclusion, that the real estate occupied and enjoyed by the copartnership of West, Bradley & Carey, although taken and standing in the name of Joseph I. West, one of the 'partners, was in fact copartnership property. Copartnership funds had been used to pay for the same. All the expenses incident to its ownership, including annual taxes, charges for alterations, improvements and repairs, were paid with partnership moneys, and a large portion of the property was actually occupied by the firm in its business (Fairchild v. Fairchild, 64 N. Y.…
2Cases cited19 opinions
- Menagh v. . WhitwellNew York Court of Appeals · 1873
- Buchan v. SumnerNew York Court of Chancery · 1847
- Fairchild v. . FairchildNew York Court of Appeals · 1876
- Collumb v. . ReadNew York Court of Appeals · 1862
- Moakley v. RiggsNew York Supreme Court · 1821
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3Cited by3 opinions
- Ellis Jones Drug Co. v. CokerMississippi Supreme Court · 1928
- Rank v. GroteThe Superior Court of New York City · 1884
- Wood v. EthridgeMissouri Court of Appeals · 1895