Legal Opinion

Fairchild v. Holly

Supreme Court of Connecticut

Decided June 15, 1834PublishedCited by 13 opinions

This was an action of book debt against William H Holly, Simeon H. Minor, John Brown, Jonathan B. Water-bary, William S. Wood, William Hoyt, jr., Roswell Hoyt, and Lounsbury Balmer, demanding 350 dollars. William H. Holly and William S. Wood suffered judgment by default. The other defendants appeared and pleaded oxoe nothing.

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This was an action of book debt against William H Holly, Simeon H. Minor, John Brown, Jonathan B. Water-bary, William S. Wood, William Hoyt, jr., Roswell Hoyt, and Lounsbury Balmer, demanding 350 dollars. William H. Holly and William S. Wood suffered judgment by default. The other defendants appeared and pleaded oxoe nothing. On this issue the cause was tried, at Fairfield, December term, 1833, before Williams, J. The plaintiffs’ book consisted of various charges for paper, made at different times, from the 15th of Jane, 1830, to the 31st day of August, 1S32, amounting to 813 dollars. In the…

1Opinion of the CourtBissell, J.

Upon the facts presented in this motion, it is to be taken for granted, that a large portion of the articles charged - in the plaintiffs’ account, were furnished, and a large portion of the payments were made, after John Brown, one of the defendants, withdrew from the firm, and ceased to be a partner. It is also conceded, that if the payments which were made after he so withdrew from the concern, are applied to the oldest account, the debt for which he was liable, is paid ; and the verdict should have been for the defendants. On the trial below, the question arose, how the law would apply…

2Cases cited2 opinions

  1. United States v. KirkpatrickSupreme Court of the United States · 1824
  2. The Mayor and Commonalty of Alexandria v. Patten and OthersSupreme Court of the United States · 1808

3Cited by13 opinions

  1. American Woolen Co. v. MaagetSupreme Court of Connecticut · 1912
  2. Conduitt v. RyanIndiana Court of Appeals · 1891
  3. Hannan v. EngelmannWisconsin Supreme Court · 1880
  4. Rodgers-Wade Furniture Co. v. WynnCourt of Appeals of Texas · 1913
  5. Goetz v. PielMissouri Court of Appeals · 1887

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