Dows v. McMichael
New York Court of Chancery
This was an appeal from a decree of the vice chancellor of the third circuit. The complainants were the holders and owners of a promissory note against the defendant and others, who were copartners under the name or firm of Bradley, Nichols & Co. The note was made payable to Douglass & Dunn, and was endorsed by them; and not being paid when it fell due, they were regularly charged as the endorsers thereof.
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This was an appeal from a decree of the vice chancellor of the third circuit. The complainants were the holders and owners of a promissory note against the defendant and others, who were copartners under the name or firm of Bradley, Nichols & Co. The note was made payable to Douglass & Dunn, and was endorsed by them; and not being paid when it fell due, they were regularly charged as the endorsers thereof. The complainants afterwards brought a suit upon the note, in the supreme court, against the defendant, and against L. Bradley and B. R. Nichols, as the partners composing the firm of…
1Opinion of the Court
The Chancellor.
From the view I have taken of this case, it is not material that I should consider the question whether Bradley and Nichols, two of the defendants in the judgment upon which this suit is brought, were competent *144witnesses for McMichael, to prove that Douglass & Dunñ were members of the firm, and jointly liable with him and them for the payment of the complainants’ debt. Upon the hearing before the vice chancellor, the question for consideration was as to the truth of the several allegations in the defendant’s plea; and if the truth of every distinct allegation in the plea was…
2Cases cited1 opinion
- Wright v. ButlerCourt for the Trial of Impeachments and Correction of Errors · 1830
3Cited by16 opinions
- Oster v. BroeIndiana Supreme Court · 1902
- Ocala Foundary & Machine Works v. LesterSupreme Court of Florida · 1905
- Tyson v. Decatur Land Co.Supreme Court of Alabama · 1898
- Board of Commissioners v. BeaverIndiana Supreme Court · 1901
- City of Denver v. LobensteinSupreme Court of Colorado · 1877
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