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Meinhard v. Salmon, 164 N.E. 545 (N.Y. 1928), is a widely cited case in which the New York Court of Appeals held that partners in a business owe fiduciary duties to one another where a business opportunity arises during the course of the partnership. The court holds that the fiduciary duty of communication was breached where a partner in a joint venture failed to inform his co-partner of a profitable opportunity that was offered by a third-party who was ignorant of the partnership. Furthermore, the duty of loyalty was breached where the partner appropriated to himself a benefit arising from his status as a partner without allowing his co-partner an opportunity to compete. This holding relates to the doctrine of corporate opportunity.

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  • Meinhard v. Salmon (en)
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  • Meinhard v. Salmon, 164 N.E. 545 (N.Y. 1928), is a widely cited case in which the New York Court of Appeals held that partners in a business owe fiduciary duties to one another where a business opportunity arises during the course of the partnership. The court holds that the fiduciary duty of communication was breached where a partner in a joint venture failed to inform his co-partner of a profitable opportunity that was offered by a third-party who was ignorant of the partnership. Furthermore, the duty of loyalty was breached where the partner appropriated to himself a benefit arising from his status as a partner without allowing his co-partner an opportunity to compete. This holding relates to the doctrine of corporate opportunity. (en)
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Dissent
  • Andrews (en)
JoinDissent
  • Kellogg, O'Brien (en)
JoinMajority
  • Pound, Crane, Lehman (en)
Prior
  • Judgment for plaintiff, New York County Supreme Court; affirmed as modified, 229 N.Y.S. 345 (en)
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case
  • Meinhard v. Salmon, 249 N.Y. 458, 164 N.E. 545 (en)
citations
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fullname
  • Morton H. Meinhard v. Walter J. Salmon et al. (en)
Holding
  • Managing partner in a joint venture had a fiduciary duty to inform and allow the investing partner to compete to obtain an opportunity that arose from his status as a partner even though it would vest after the partnership's anticipated termination. New York Supreme Court Appellate Division affirmed as modified. (en)
Litigants
  • Meinhard v. Salmon (en)
majority
  • Cardozo (en)
other source
  • New York Courts (en)
other url
georss:point
  • 40.753836 -73.981279
has abstract
  • Meinhard v. Salmon, 164 N.E. 545 (N.Y. 1928), is a widely cited case in which the New York Court of Appeals held that partners in a business owe fiduciary duties to one another where a business opportunity arises during the course of the partnership. The court holds that the fiduciary duty of communication was breached where a partner in a joint venture failed to inform his co-partner of a profitable opportunity that was offered by a third-party who was ignorant of the partnership. Furthermore, the duty of loyalty was breached where the partner appropriated to himself a benefit arising from his status as a partner without allowing his co-partner an opportunity to compete. This holding relates to the doctrine of corporate opportunity. (en)
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