Lathrop v. Atwood
Supreme Court of Connecticut
This was an action of assumpsit on a written contract. The parties agreed upon a statement of facts, which was as follows. On the 21st of June, 1848, George Lathrop, the plaintiff, sold out his interest in the property of the firm of Atwood & Lathrop; which firm was, that day, dissolved, and Levi Crouch, jun., one of the defendants, took his place, and formed, with Atwood, a new partnership, under the name of Atwood & Crouch, for carrying on the spectacle trade.
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This was an action of assumpsit on a written contract. The parties agreed upon a statement of facts, which was as follows. On the 21st of June, 1848, George Lathrop, the plaintiff, sold out his interest in the property of the firm of Atwood & Lathrop; which firm was, that day, dissolved, and Levi Crouch, jun., one of the defendants, took his place, and formed, with Atwood, a new partnership, under the name of Atwood & Crouch, for carrying on the spectacle trade. At the time of this change in the partnership, the old firm of Atwood & Lathrop was insolvent; the debts outstanding, against it,…
1Opinion of the Court
Church, Ch. J.
The agreement upon which this action is founded, so far as it is necessary for us to consider it, is one whereby the defendants contracted with the plaintiff to pay all the debts due from the late firm of Atwood & Lathrop, which consists of the plaintiff and one of the defendants, and also to save the said Lathrop harmless from any cost, trouble or liability, on account of said debts.
These debts were all then due to the respective creditors of Atwood & Lathrop, and the defendants proceeded to pay the same; but on the 24th day of October, when this suit was brought, there…
2Cases cited6 opinions
- Chace v. HinmanNew York Supreme Court · 1832
- Churchill v. HuntNew York Supreme Court · 1846
- Bender v. FrombergerSupreme Court of the United States · 1806
- In re NegusNew York Supreme Court · 1832
- Ellis v. BrownNew York Supreme Court · 1849
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3Cited by28 opinions
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Rice v. SandersMassachusetts Supreme Judicial Court · 1890
- Mills v. Dow's AdministratorSupreme Court of the United States · 1890
- Stuart v. CarterWest Virginia Supreme Court · 1916
- Davis v. HemmingSupreme Court of Connecticut · 1925
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