Gordon v. Albert
Massachusetts Supreme Judicial Court
Contract, by Max Gordon and Hyman Cohen, copartners under the firm name of M. Gordon and H. Cohen, upon an account annexed, to recover $221 for labor and materials. Writ dated October 9, 1895. The answer, among other defences, set up a release of the cause of action obtained from the plaintiff Cohen while the action was pending. Trial in the Superior Court, before Sheldon, J., who allowed a bill of exceptions, in substance as follows.
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Contract, by Max Gordon and Hyman Cohen, copartners under the firm name of M. Gordon and H. Cohen, upon an account annexed, to recover $221 for labor and materials. Writ dated October 9, 1895. The answer, among other defences, set up a release of the cause of action obtained from the plaintiff Cohen while the action was pending. Trial in the Superior Court, before Sheldon, J., who allowed a bill of exceptions, in substance as follows. The plaintiffs put in evidence' the report of an auditor, to whom the case had been referred, of which the following are the material portions. On August…
1Opinion of the CourtHolmes, J.
The only question, before us is with regard to the effect of a release of a debt due to his firm by one partner after the debtor has notice of dissolution, and has been notified also that any settlement must be made with both partners' together. The question hardly can be considered open under our decisions. Whatever the want of authority of one partner to represent the other under such circumstances, if he has an interest he cannot be hindered from releasing his own claim, as might be the case if he had sold out to his former associate and were a mere trustee. His right to release his own…
2Cases cited2 opinions
- Farley v. LovellMassachusetts Supreme Judicial Court · 1869
- Grover v. SmithMassachusetts Supreme Judicial Court · 1896
3Cited by3 opinions
- Willett v. WebsterMassachusetts Supreme Judicial Court · 1958
- Jackson v. Mitsui CompanyWashington Supreme Court · 1925
- Freedman v. Montague Associates, Inc.New York Supreme Court · 1959