Gibson v. Stevens
Superior Court of New Hampshire
Tbespass for taking and carrying away a chaise, and other goods and chattels. The defendant proved, that he was a deputy-sheriff, and having in his hands an execution against one Daniel Green-leaf, he seized the said articles by virtue thereof, as the property of Greenleaf, and after duly advertising the same, sold them at public auction, to satisfy said execution : and he contended that the goods were the property of said Green-leaf, or that he was interested in them as a…
Read the full summary
Tbespass for taking and carrying away a chaise, and other goods and chattels. The defendant proved, that he was a deputy-sheriff, and having in his hands an execution against one Daniel Green-leaf, he seized the said articles by virtue thereof, as the property of Greenleaf, and after duly advertising the same, sold them at public auction, to satisfy said execution : and he contended that the goods were the property of said Green-leaf, or that he was interested in them as a partner. It appeared in evidence, that John Gibson, father of the plaintiff, in the year 1818, being the owner of a house…
1Opinion of the CourtParker, J.
It seems that a partnership may be continued after the death of one of the partners, when such is the express agreement. 9 Ves. 501, Balmain vs. Stone; Gow on Part., 271.
It is evident that such partnership must be of a limited character, and it is doubtful if it can be termed a partnership where the business is carried on by a single survivor. It can only extend so far as to authorize such survivor to employ the funds, and continue the trade, and perhaps in some cases to charge the estate of the deceased partner ; but cannot authorize him to pledge the individual credit of the…
2Cases cited2 opinions
- Pitkin v. PitkinSupreme Court of Connecticut · 1829
- Wilson v. ConineNew York Supreme Court · 1807
3Cited by4 opinions
- Phillips v. CookNew York Supreme Court · 1840
- Morrison v. BlodgettSuperior Court of New Hampshire · 1836
- Page v. CarpenterSuperior Court of New Hampshire · 1839
- Dow v. SaywardSuperior Court of New Hampshire · 1841