Havens & Dorr v. Hussey
New York Court of Chancery
This was an appeal from a decision of the vice chancellor of the first circuit, refusing to dissolve an injunction, and directing the appointment of a receiver.
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This was an appeal from a decision of the vice chancellor of the first circuit, refusing to dissolve an injunction, and directing the appointment of a receiver. The complainant Elizabeth Havens, and the defendant Abby Hussey, were co-partners in a clothing store in the city of New-York, under the name or firm of E. Havens & Co.; and for the purpose of carrying on the business of the firm, they executed a written power, constituting J, Havens, the son of the complainant, and F. G. Macy, one of the defendants, their altornies, with full power and authority for that purpose. The business was…
1Opinion of the Court
The Chancellor.
In the case of Egberts v. Wood, (3 Paige’s Rep. 517,) I had occasion to refer to most of the cases relative to assignments of partnership effects made by one of the copartners. And I then arrived at the conclusion that, from the nature of the contract of copartnership, one of the partners, during the continuance of the partnership, might make a valid assignment of the partnership effects, or so much thereof as was necessary for that purpose, in the name of the firm, directy to one or more of the creditors in payment of his or their debts; although the effect of such assignment…
2Cited by28 opinions
- Williams v. . WhedonNew York Court of Appeals · 1888
- Mabbett v. . WhiteNew York Court of Appeals · 1855
- Moir v. BrownNew York Supreme Court · 1852
- Dana v. LullSupreme Court of Vermont · 1845
- Deming v. ColtThe Superior Court of New York City · 1850
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