New York Court of Appeals

Bagley Against Smith and Others.

June 5, 185310 N.Y. 489

Summary

The New York Court of Appeals affirmed the lower court's judgment, holding that a partner may be liable for damages, including loss of prospective profits, when breaching a covenant to continue a partnership for a fixed term. The court allowed evidence of past profits to be considered in estimating those prospective profits and rejected the defendants' objections to the jury charge.