Brooke v. Washington
Supreme Court of Virginia
This was a suit instituted in 1843 in the Circuit court of Jefferson county by Thomas B. Washington against Thomas H. Perdue, William Nichols, Charles Brooke and Leonard Jewell, as partners under the style of Perdue, Nichols & Co., to recover from them the purchase money óf a tract of land which the plaintiff alleged he had sold to the partnership.
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This was a suit instituted in 1843 in the Circuit court of Jefferson county by Thomas B. Washington against Thomas H. Perdue, William Nichols, Charles Brooke and Leonard Jewell, as partners under the style of Perdue, Nichols & Co., to recover from them the purchase money óf a tract of land which the plaintiff alleged he had sold to the partnership. The question in controversy was, whether the land had been sold to the two first named partners as individuals or had been sold to the partnership. The facts and the proceedings in the case are stated by the Judge in delivering the opinion of the…
1Opinion of the CourtMoncure, J.
The suit in which the decree from which the appeal in this case was taken, was rendered, was a suit brought to recover of dormant partners a debt for which the ostensible partners had given their bonds, but which the latter had become unable to pay by reason of their insolvency. The following appear to be the facts of the case so far as it is material to state them. In 1841 Per-due, Nichols, Brooke and Jewell entered into partnership for carrying on the iron making business in the county of Jefferson; and accordingly carried it on for about two years. Perdue and Nichols resided in the county…
2Cases cited2 opinions
- Pitts v. WaughMassachusetts Supreme Judicial Court · 1808
- Williams v. Donaghe'sSupreme Court of Virginia · 1823
3Cited by3 opinions
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- Lichenstein v. MurphreeAlabama Court of Appeals · 1913