Willard v. Worsham
Supreme Court of Virginia
Appeal from decree of circuit court of Elizabeth. City in suit of Henry C. Worsham’s personal representative, for,. &c., against C. C. Willard and Joseph Segar, to recover balance of a trust-deed debt due by latter, and assumed by former to said Worsham, and to attach property of said Willard in said county and sell same to satisfy said balance. The circuit court decreed the payment by the defendants of the entire balance. From this decree C. C. Willard appealed.
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Appeal from decree of circuit court of Elizabeth. City in suit of Henry C. Worsham’s personal representative, for,. &c., against C. C. Willard and Joseph Segar, to recover balance of a trust-deed debt due by latter, and assumed by former to said Worsham, and to attach property of said Willard in said county and sell same to satisfy said balance. The circuit court decreed the payment by the defendants of the entire balance. From this decree C. C. Willard appealed. Opinion states the case.
1Opinion of the CourtStaples, J.
On the 13th of October, 1859, Joseph Segar, in consideration of the sum of §15,000 cash, sold to the appellant, Caleb C. Willard, one-half of the Hygeia Hotel at Old Point Comfort. This sale included one moiety of the fixtures and improvements, furniture, implements, materials and stores of every description.
It was further stipulated that the parties should be equal partners in the hotel, and that Willard should have the entire management of the business, the control of the employees, the purchase of the supplies and the keeping the books and accounts.
The sale was made subject to a debt due…
2Cases cited1 opinion
- Blymire v. BoistleSupreme Court of Pennsylvania · 1837
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- Billmyer Lumber Co. v. Merchants Coal Co.West Virginia Supreme Court · 1910
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