New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-23
BROOKLYN CIRCUIT COUsT-JUyE 22-Bef,re Judge
BIRDsEYE.
A PARTVERsHIP QUESTION.

u. ~.
In this case, which has been on trial the last 81,
the jury brought verdict hi. morning favor Of III
an as1eepen, Dsdr Feb 49, is52 for d..olon of partner
ship heretofore existing be@een the Prtis in San Francisco
sold out to the plaintiff his partnership ntere.the plaintiff
assuming the debtsa dbt due in California to be paid By
the first Of March 1885 for all foreign indebtedness. he
have till the ft Of July thereafter and agreed that the
plaintiff should have oil benefit Of the ba.nes. II
the concern what commonly known the good H OF the
Among persons dealing with the Mr John
johnson Of New York who had largely consigned T. the firm
Of Toen kellogg and with whom there At the time OF
the dsou. ion unsettled account for goods which had been
,t to he sod on e"mmi.s come PORTION Of which was for
These good. sold chiefly upu credit. The accounts
al the time had not been made up Of the
sales still unsettled. and doub. existed 10 the sol
vency purchasers who had bought large
Totten prior TO aud at the time OF the dissolution held
the settlement Of old partnership business Of Johnson in Cal!
oIna but containing general clause syns su,hoIty to
power claimed have the control Of Johnson. basine
and to have the right to extend the settlement of any ndeb
consignment 10 the value Of about Sc from John
the dissolution Of the firm which had been shipped
from before the firm diss0ved-the bill Of a1ng
which the order Of Toen Keoss-hgt ncls in
of attorney but kellogg insisted that BY the agreement Of dis
solution the good. should 90 to him =. the successor OF sn
cid. favor of Keoss. who heeupon received the goods
the complicated and that there
of all their Indebtedness well what
lated the 'ale before dissolution to The ths
himself and Totem be had till July n settle aud that
johnson bound by the agreement which his agent had
made.
johnson hereupon commenced suit for The entire indebted
claiming about 600 and procured attachment 70 be
issued levied upon the goods in Keogss store The goods
reess. Kellogg giving security but wss proved
that the effect Of the attachment TO ruin Kellogg credit
and eventually TO break him In business
The action noninay against both Toten Kellogg b't
made defense and took active in the
ton Of the case sssh Kellogg /, proved he
with the officer who levied the attachment that he continued
intimate with Johnson ATTENDED at the trial and frnished val
liable aid the counsel Of johnson by information aud
gvstions
johnson recovered Judgment for upward Of $1,000 which
was paid by Keloges suretie Kellogg, himself ~ the ermi
nation Of the suit eft California and brought his suit here
against Totem who had previously returned.
II insisted the part Of the plaintiff that defendant was
bc for breach Of bis and that bad faith having
been the Jury liberty damages to ths
of the actual loss Ii contended the other side
that juds Of Johnson in California conclusive evil
deuce Of his right institute the suit sud that Totten not
responsible for the act Of Johnson
The Judge instructed the Jury that the agreement OF dsu
on sale Of the property hand and the goodwill of the
business and that Of Toen 10 defeat the benefit Of the
subjected him liability for the injury that accrued
thereby that the sale OF the goodwill Of establishment did
prevent seller from setting up trade himself unless he
should bind himself that effect ~ express co7enant but
that interference with the advantage that the purchaser had
hight 70 calculate in purchasing would be uns vfu and
I'D With circumstances showing wrongful intent
woud snhect him ID liability for damages He therefore e
10 the jury 10 saw there had been injury doneb
the acts defendant and whether had been 80 done with
an intention Of imparng value Of what had been sold y
plaintiff
Under these the Jury rendered the verdict above
DANA for plaintiff; C. Clark and John H. VOORHEES,
fof defendant.