Harris v. Harris
Supreme Court of New Hampshire
Assumpsit, by tbe plaintiff, as tbe administrator of Betbuel Harris, deceased, against tbe defendants, as surviving partners of said Betbuel, to recover of them their proportion of a partnership debt, which be had paid as administrator of tbe deceased partner.
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Assumpsit, by tbe plaintiff, as tbe administrator of Betbuel Harris, deceased, against tbe defendants, as surviving partners of said Betbuel, to recover of them their proportion of a partnership debt, which be had paid as administrator of tbe deceased partner. Tbe action was referred to an auditor, wbo made the following report of tbe facts proved in the case before him : “Prior to July, 1851, Betbuel Harris and tbe two defendants bad been engaged in manufacturing business as partners, under tbe style of Harris & Hutchinson, and bad incurred tbe debts as partners, which are set forth in tbe…
1Opinion of the CourtFowler, J.
The only question raised by the report of the auditor in the present case is, whether the administrator of a deceased partner, who has paid a partnership debt, can maintain assumpsit against the surviving partners to recover of them their proportion of that debt — the affairs of the partnership never having been adjusted between the partners, and no express and special promise to pay being shown.
It has sometimes been laid down by elementary writers, that during the continuance of a partnership, or while its affairs remain unadjusted, an action at law will lie by one partner, or his…
2Cases cited13 opinions
- Clark v. DibbleNew York Supreme Court · 1837
- Wilby v. PhinneyMassachusetts Supreme Judicial Court · 1818
- Murray v. Bogert & KneelandNew York Supreme Court · 1817
- Owings v. BaldwinCourt of Appeals of Maryland · 1849
- Lawrence v. ClarkCourt of Appeals of Kentucky · 1840
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