Clapp v. Lawton
Supreme Court of Connecticut
Assumpsit, upon sundry special counts, alleging a promise oí the defendants, partners under the name of Lawton & Wright, to pay a debt due to the plaintiffs from the firm of Faulkner & Wright; with a general count for money had and received by the defendants to the use of the plaintiffs. The case was tried in the superior court, under the general issue, closed to the court, before Waldo, J. Upon the trial the plaintiffs proved the following facts.
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Assumpsit, upon sundry special counts, alleging a promise oí the defendants, partners under the name of Lawton & Wright, to pay a debt due to the plaintiffs from the firm of Faulkner & Wright; with a general count for money had and received by the defendants to the use of the plaintiffs. The case was tried in the superior court, under the general issue, closed to the court, before Waldo, J. Upon the trial the plaintiffs proved the following facts. On the 3d day of September, 1859, William Eaulkner and Robert Wright were partners under the name of Eaulkner & Wright, and as such partners were…
1Opinion of the CourtDutton, J.
Faulkner & Wright, publishers of a newspaper, sold out to Lawton & Wright, Wright being the same person in both firms, and transferred and delivered to them their assets, including the debts due to the firm. As a part of the consideration of the sale, it was claimed that Lawton & Wright agreed to pay the debts of Faulkner & Wright, the plaintiffs being the principal creditors. In this suit the plaintiffs are attempting to avail themselves of this agreement, to collect their claim against Faulkner & Wright. On the trial, they offered parol evidence of the agreement referred to, which was…
2Cases cited4 opinions
- Corn v. SimsCourt of Appeals of Kentucky · 1860
- Treat v. StantonSupreme Court of Connecticut · 1841
- Beach v. HotchkissSupreme Court of Connecticut · 1818
- State Bank at New Brunswick v. MettlerThe Superior Court of New York City · 1858
3Cited by6 opinions
- Bartolotta v. CalvoSupreme Court of Connecticut · 1930
- Furbish v. GoodnowMassachusetts Supreme Judicial Court · 1867
- Lamkin v. Baldwin & Lamkin Manufacturing Co.Supreme Court of Connecticut · 1899
- Packer v. BentonSupreme Court of Connecticut · 1868
- Lehow v. SimontonSupreme Court of Colorado · 1877
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