Tygart v. Wilson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Warren R. Wilson and another, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 11th day of October, 1898, upon the report of a referee, except from so much of said judgment as adjudges that the copartnership existing between the plaintiff and the defendants from the 1st day of December, 1892, to the 1st day of December, 1897, under the firm name and style of…
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Appeal by the defendants, Warren R. Wilson and another, from a final judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 11th day of October, 1898, upon the report of a referee, except from so much of said judgment as adjudges that the copartnership existing between the plaintiff and the defendants from the 1st day of December, 1892, to the 1st day of December, 1897, under the firm name and style of Wilson, Sheffer & Co., was dissolved on the 1st day of December, 1897, and also excepting that portion of said judgment…
1Opinion of the Court
Herrick, J.:
The relation of partners to each other is that of trustees and agents, and they are required to act with the utmost good faith in their dealings with each other; neither one can be permitted to surreptitiously take advantage of the other, and every advantage that he thus obtains in affairs pertaining to business inures to the benefit of all the partners; accordingly it has been held that one member of a copartnership cannot, during its existence, without the knowledge-of his copartners, take a renewal of a lease for his own benefit. (Mitchell v. Reed, 61 N. Y. 123; Struthers v.…
2Cases cited2 opinions
- Mitchell v. . ReedNew York Court of Appeals · 1874
- Robinson v. . JewettNew York Court of Appeals · 1889
3Cited by3 opinions
- Bayer v. BayerAppellate Division of the Supreme Court of the State of New York · 1926
- Simmons v. WilsonCourt of Appeals of Texas · 1952
- Dunfee v. TerwilligerCourt of Appeals for the Ninth Circuit · 1926