Trustees of the Leake & Watts Orphan House v. Lawrence
New York Court of Chancery
This was an appeal by D. S. Jones and H. K. Bogert, two of the executors of Augustine H. Lawrence, deceased, from a decree of the late assistant vice chancellor of the first circuit.
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This was an appeal by D. S. Jones and H. K. Bogert, two of the executors of Augustine H. Lawrence, deceased, from a decree of the late assistant vice chancellor of the first circuit. The bill was filed in June, 1838, by the surviving executor of John G. Leake, deceased, to recover a debt due to Leake at the time of his death, in June, 1827, from his bankers, A. H. Lawrence and A. N. Lawrence; the former of whom died on the 10th of September, 1828. Letters testamentary on the estate of Leake were granted on the 16th of September, 1828; the question as to the validity of the will having been…
1Opinion of the Court
The Chancellor.
There is no doubt of the fact that this debt, if due at all, was a joint debt due from the firm of A. H. Lawrence & Co. Whatever may have been the private arrangement of the two members of the firm as between themselves, as to the persons who dealt with them they were general co-partners, and were holden as such. The counsel for the appellants are right in supposing that a judgment recovered against a ¡surviving copartner, in a suit to which the representatives of the deceased copartner were not parties, is not evidence against such' representatives of the indebtedness of the…
2Cited by23 opinions
- Voorhis v. . Childs'New York Court of Appeals · 1858
- Pope v. . ColeNew York Court of Appeals · 1873
- Hoyt v. . BonnettNew York Court of Appeals · 1872
- Barnes v. . BrownNew York Court of Appeals · 1892
- United States Trust Co. v. Bamco 18Appellate Division of the Supreme Court of the State of New York · 1992
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