Beckley v. Munson
Supreme Court of Connecticut
This was a bill in chancery, praying for an account of certain property, conveyed to the defendant in trust. The cause was referred to a committee, who, in their report, among other matters, found, that, on the 28th day of March, 1848, the plaintiff and William G. Pierce, were partners, in the name of Beckley & Pierce, in the manufacture of pig-iron, and were also partners with Henry L. Mun-son, in the name of “ J. A. Beckley & Co.,” in mercantile business.
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This was a bill in chancery, praying for an account of certain property, conveyed to the defendant in trust. The cause was referred to a committee, who, in their report, among other matters, found, that, on the 28th day of March, 1848, the plaintiff and William G. Pierce, were partners, in the name of Beckley & Pierce, in the manufacture of pig-iron, and were also partners with Henry L. Mun-son, in the name of “ J. A. Beckley & Co.,” in mercantile business. Beckley & Pierce, on that day, executed to the defendant and Sally Beckley, a mortgage-deed of certain real estate, the condition of…
1Opinion of the CourtWaite, J.
The first question, arising in the case, is,
whether the defendant has rightfully charged the plaintiff with the losses, growing out of his business connection with Huntington & Day.
By the terms of the original conveyance, the defendant, for the purpose of raising money, to pay the debts assumed by him, was authorized to sell and dispose of the personal property assigned to him, as he saw fit.
Under that authority, he had a right to sell them iron, and upon credit, if necessary, and, had a loss arisen upon such sale, fairly made, it might, undoubtedly, have been charged to the plaintiff: so…
2Cited by5 opinions
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- Calamita v. DeponteSupreme Court of Connecticut · 1936
- Schlicher v. VogelNew Jersey Court of Chancery · 1900
- Silver v. ShoobCourt of Appeals of Georgia · 1920
- Colvest Group v. Ct. Comm. Land Corp. II, No. Cv98-05801865s (Apr. 10, 2000)Connecticut Superior Court · 2000