Deming v. Colt
The Superior Court of New York City
The cause first above mentioned, came before the court on an appeal from an order at chambers, denying a motion to dissolve an injunction. The facts appearing by the pleadings and affidavits, are as follows:—In February, 1848, the plaintiff, Deming, and C. S. Butts, entered into partnership, for the purpose of manufacturing bone-black, a substance used in refining sugar.
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The cause first above mentioned, came before the court on an appeal from an order at chambers, denying a motion to dissolve an injunction. The facts appearing by the pleadings and affidavits, are as follows:—In February, 1848, the plaintiff, Deming, and C. S. Butts, entered into partnership, for the purpose of manufacturing bone-black, a substance used in refining sugar. Butts made a purchase, in his own name, of some lots of ground in a remote part of the city, upon which the business was to be conducted, and which were to become the partnership property, on certain terms of payment being…
1Opinion of the Court 1
By the Court. Oakley, Ch. J.
This case involves a question of great practical importance, which, so far as we can learn, has never been decided by the courts of this state, viz. whether it is competent for one member of a partnership, without the assent or concurrence of his copartner, who is present or capable of acting, to make a general assignment of the property and effects of the firm, to a trastee for the payment of the partnership debts, ratably and in equal proportion.
The state of the law as settled in this state, appears to be this: It has been held by the Court of Chancery that one…
Also in this document: Opinion of the Court · Campbell.
2Cases cited4 opinions
- Innes v. LansingNew York Court of Chancery · 1839
- Egberts v. WoodNew York Court of Chancery · 1831
- Havens & Dorr v. HusseyNew York Court of Chancery · 1834
- Goddard v. GloningerSupreme Court of Pennsylvania · 1836
3Cited by10 opinions
- Lane v. TylerSupreme Judicial Court of Maine · 1861
- Batchelder v. AltheimerMissouri Court of Appeals · 1881
- In re the Estate of SchweigertNew York Surrogate's Court · 1896
- Bowen v. ClarkDistrict Court, D. Wisconsin · 1856
- Steinhart v. FyhrieMontana Supreme Court · 1885
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