Weiss v. Weiss
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from an order of the City Court of the city of ¡New York denying the motion of one of the defendants for judgment on the pleadings, .and sustaining plaintiff’s demurrers to the answers of the defendants.
1Dissent
Hotchkiss, J. (dissenting):
As a general rule a tenant in common may not sell the common property (per Savage, Ch. J., Blood v. Goodrich, 9 Wend. 68, 76; Tyler v. Taylor, 8 Barb. 585), whereas a partner may ordinarily dispose of the property and effects of the firm for any and all purposes of the partnership, and likewise may “ sell, mortgage, pledge. *650• aPPty or otherwise dispose of firm effects ” for partnership purposes. He may assign the firm assets as security for antecedent or subsequent debts, and may transfer or pledg’e all of the partnership property to a creditor as security for or in…
2Cases cited5 opinions
- Wood v. . AmoryNew York Court of Appeals · 1887
- Blood v. GoodrichNew York Supreme Court · 1832
- Mabbett v. . WhiteNew York Court of Appeals · 1855
- Tyler v. TaylorNew York Supreme Court · 1850
- Peerrot v. Mount Morris BankAppellate Division of the Supreme Court of the State of New York · 1907