Wild v. Davenport
Supreme Court of New Jersey
On writ of error to Somerset Circuit. James S. Davenport, Edward L. Voorhees, William S. Johnson and James B. Davenport entered into partnership under the firm name of Davenport, Johnson & Co., by articles of copartnership dated November 1st, 1880. The articles provided that the copartnership should commence November 1st, 1880, and continue for the term of three years.
Read the full summary
On writ of error to Somerset Circuit. James S. Davenport, Edward L. Voorhees, William S. Johnson and James B. Davenport entered into partnership under the firm name of Davenport, Johnson & Co., by articles of copartnership dated November 1st, 1880. The articles provided that the copartnership should commence November 1st, 1880, and continue for the term of three years. The copartnership articles contained a provision that in case any of the said parties should die before the expiration of the copartnership, the sum standing to his credit at that time in the assets of the firm should remain as…
1Opinion of the Court
The opinion of the court was delivered by
Deptje, J.
The bill of exceptions in this case presents the single question whether, upon the facts stated, the defendants in error, executors of the deceased partner, became personally liable as partners for debts contracted by the firm after the death of the testator.
Partnership is a relation arising from contract. It is usually defined to be a voluntary contract between competent persons to place their money, effects, labor and skill, or some or all of them, in lawful commerce or business, upon the understanding that there shall be a communion of the…
2Cases cited5 opinions
- Thompson v. BrownNew York Court of Chancery · 1820
- Berthold v. GoldsmithSupreme Court of the United States · 1861
- Central City Savings Bank v. . WalkerNew York Court of Appeals · 1876
- Scholefield v. EichelbergerSupreme Court of the United States · 1833
- Owens v. MackallCourt of Appeals of Maryland · 1870
3Cited by15 opinions
- Wilzig v. SisselmanNew Jersey Superior Court Appellate Division · 1982
- Fenwick v. U.C.C. of N.J.Supreme Court of New Jersey · 1945
- Simson v. KlipsteinDistrict Court, D. New Jersey · 1920
- Michaels v. DonatoNew Jersey Superior Court Appellate Division · 1949
- Emberson v. McKenna & BiggerCourt of Appeals of Texas · 1890
10 more not listed; retrieve them via the Exa API.