Hoxie v. Carr
U.S. Circuit Court for the District of Rhode Island
This was a bill in equity, framed with a double aspect. It stated a partnership between Joseph Hoxie, the plaintiff, and Simon Reynolds, one of the defendants, in the manufacture of cotton cloths, under the firm of the West Greenwich Manufacturing Company; and the possession and purchase of certain real estate, including the factory, and other appendages, out of the joint funds of the partnership, which were occupied, used, and improved, for the benefit of the partnership; a…
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This was a bill in equity, framed with a double aspect. It stated a partnership between Joseph Hoxie, the plaintiff, and Simon Reynolds, one of the defendants, in the manufacture of cotton cloths, under the firm of the West Greenwich Manufacturing Company; and the possession and purchase of certain real estate, including the factory, and other appendages, out of the joint funds of the partnership, which were occupied, used, and improved, for the benefit of the partnership; a dissolution of the partnership in March, 1826, with large debts owing by the company; a parol contract for the sale by…
1Opinion of the Court
STORY, Circuit Justice.
This cause has been most fully and elaborately argued upon all the points, and, since he is now no more, I may be permitted to say (what I should feel compelled to suppress in regard to the living) by one of my brethren,2 whose loss we all deplore, with the consummate skill and profound learning, which always distinguished him. As to the first question, I think, that the objection is well founded in principle, though not to the extent of the line of the argument It is impossible, that a decree can be made in favor of the plaintiff to bind the mortgagees under the…
2Cases cited5 opinions
- Goodwin v. RichardsonMassachusetts Supreme Judicial Court · 1814
- Coles v. ColesNew York Supreme Court · 1818
- Appleton v. BoydMassachusetts Supreme Judicial Court · 1810
- Forde v. HerronSupreme Court of Virginia · 1814
- Whitacre v. M'IlhaneySupreme Court of Virginia · 1814
3Cited by17 opinions
- Ecaubert v. AppletonCourt of Appeals for the Second Circuit · 1895
- Sickman v. HaxSupreme Court of Colorado · 1890
- Rockefeller v. DellingerMontana Supreme Court · 1899
- Mellor v. SmitherCourt of Appeals for the Fifth Circuit · 1902
- Newton v. SummeySupreme Court of Georgia · 1877
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