BANK v. WEINTRAUB GOLD ALPER


68 N.Y.2d 124 (1986)

Royal Bank and Trust Company, Respondent, v. Weintraub, Gold & Alper et al., Appellants, et al., Defendants.

Court of Appeals of the State of New York.

Decided July 8, 1986.


Attorney(s) appearing for the Case

James J. Harrington and Robert C. Boneberg for appellants.

Francis X. Sexton, Jr., and Dorothy E. Hughes, for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, ALEXANDER, TITONE and HANCOCK, JR., concur.


KAYE, J.

Despite private agreement to dissolve a partnership, partners who continue to carry on business in the firm name with no manifestation of their dissolution, are estopped to deny liability to a party relying on the public indicia of partnership, for a tort committed by a partner acting with apparent authority.

The essential facts are undisputed. On September 27, 1977, Roger Allen sought a short...

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