Washburn v. Goodman
Massachusetts Supreme Judicial Court
Bill in equity, in which William R. P. Washburn, as administrator de bonis non of Nathaniel Tucker, was plaintiff, and Horace H. Goodman, William O. Saville, and Wi'.iam A. Kent, as administrator on the estate of John Kent, were defendants.
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Bill in equity, in which William R. P. Washburn, as administrator de bonis non of Nathaniel Tucker, was plaintiff, and Horace H. Goodman, William O. Saville, and Wi'.iam A. Kent, as administrator on the estate of John Kent, were defendants. The suit was commenced on January 15, 1827. The bill sets forth, that on January 23, 1822, T icker , Goodman, Saville and John Kent entered into an indenture of copartnership, for the purpose of buying and selling all sorts of merchandise in Boston or elsewhere. In the indenture it was declared and agreed, that the partner ship should continue from January…
1Opinion of the Court
Parker C. J.
delivered the opinion of the Court. In regard to the stock belonging to the company at the dissolution by the death of Tucker, it was rightfully in the possession of the surviving partners, subject to disposition by sale, they being jointly accountable to the administrator of Tucker for the amount of his interest therein. They could not discharge themselves of this joint liability without the consent of the representative of Tucker, and such representative, if he did consent, would immediately become chargeable with the amount to Tucker’s estate. The act of John Kent in thus…
2Cases cited4 opinions
- Osgood v. BreedMassachusetts Supreme Judicial Court · 1815
- Case & wife v. AbeelNew York Court of Chancery · 1829
- Postmaster General v. PurberU.S. Circuit Court for the District of Maine · 1827
- Carley v. VanceMassachusetts Supreme Judicial Court · 1821
3Cited by1 opinion
- Harrah v. DyerIndiana Supreme Court · 1913