Partnership Agreement
Case Name:
Weiss, Sharfman and Lennon v. Carpenter, Bennett & Morrissey
Jurisdiction:
Superior Court of New Jersey, Appellate Division, 1994
Legal Citation:
275 N.J. Super. 393; 646 A.2d 473; 1994 N.J. Super. LEXIS 366
Date Argued:
May 24, 1994
Date Decided:
July 18, 1994
Facts:
Carpenter, Bennett & Morrissey was a law firm that was one of New Jersey’s oldest and most prestigious law firms. It was established in 1898 and was a separate legal entity until it's merge into today's McElroy, Deutsch, Mulvaney & Carpenter, LLP in 2004. CB&M operated out of Newark, New Jersey and had about 75 attorneys working within the partnership. Stanley Weiss, Jerome E. Sharfman, and Thomas J. Lennon are former partners of Carpenter, …show more content…
Weiss, Sharfman, and Lennon were all under the age of 65 at the time of withdrawal. These men sued their former law firm as a result of disagreements concerning the amounts to which they were entitled as withdrawing partners of the firm. They sought to recover their claimed shares of the firm's capital account and earnings, and to recover damages for alleged breaches of fiduciary duties and other tortious conduct. CB&M offered them payouts according to the firm's partnership agreement which stated that part of a partner's payout would become entitled if he/she withdrew from the firm due to death, disability, or if judicial appointment is forfeited by a partner who leaves the firm due to any reason other than those previously stated before the age of 65. Weiss, Sharfman, and Lennon