Dob & Dob v. Halsey
New York Supreme Court
THIS was an action of assumpsit brought to recover the price of a certain quantity of timber sold and delivered by the plaintiffs to the defendant.
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THIS was an action of assumpsit brought to recover the price of a certain quantity of timber sold and delivered by the plaintiffs to the defendant. The defendant pleaded nonassumpsit, with notice of set-off; and the cause was tried before Mr. J. Van Ness, at the Neni-York sittings, in July, 1817. A raft of timber, of which the timber in question was part, was purchased of the original owner by George Moore, and was paid for by the plaintiffs, partly in cash, and partly in their own notes. A receipt, dated May 27th, 1815, was given by the seller, in which the cash and notes were expressed to…
1Opinion of the CourtSpencer, J.
Two questions arise; 1st. Whether the payment for the timber by the defendant to G. Moore, by giving up a note, which the defendant held against him, under the circumstances of the case, exonerates the defendant from any further liability to the plaintiff? 2d. Whether this suit can be sustained by the plaintiffs alone ?
1. This Court has decided, in several cases, that where a note is given in the name of a firm, by one of the partners, for the private debt of such partner, and known to be so, by the person taking the note, the other partners are not bound by such note, unless they have been…
2Cases cited1 opinion
- Livingston v. HastieNew York Supreme Court · 1804
3Cited by66 opinions
- N. Rogers & Sons v. BatchelorSupreme Court of the United States · 1838
- Dement v. RokkerIllinois Supreme Court · 1888
- Smith v. . WestonNew York Court of Appeals · 1899
- Locke v. LewisMassachusetts Supreme Judicial Court · 1878
- Cannon v. LindseySupreme Court of Alabama · 1887
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