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2 Edm. Sel. Cas. 25

Thomas v. Haight

New York Circuit Court

Decided September 15, 1848

New York Circuit Court · decided 1848-09-15

This was an action of assumpsit tried at the New York Circuit, September, 1848. It was brought on a promissory note signed by S. W. Haight & Co., and was given for a bill of goods bought of the plaintiffs in 1843.

Decided 1848-09-15

Edmonds, J.,

¶1charged the jury that F. M. H. was not a dormant partner, and therefore entitled to withdraw without notice. That if the plaintiff was a dealer with the firm of S. W. H. & Co., knowing that F. M. H. was a partner, he was entitled to actual notice of the dissolution, in default of •which F. M. H. was responsible to the plaintiff for any debt contracted in the name of the firm by the remaining partner, though after an actual dissolution. And if the jury believed that plaintiff had been such actual dealer, and had not received actual notice of the dissolution, their finding must be for him.

¶2Verdict for plaintiff.

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