Rice v. McMartin
Supreme Court of Connecticut
Assumpsit, against the defendants as late partners under the name of McMartin, Pierson. & Co.; brought to the Superior Court in Hartford County, and by a motion in error from the judgment of that court by the defendant McMartin, brought to this court. The case is fully stated in the opinion. The parties all resided in the state of New York and no service was made upon any of the defendants, the only service being upon certain garnishees who were factorized in the suit.
1Opinion of the CourtSeymoub, J.
The defendant McMartin pleads a, discharge from all individual liability for the debt to recover which this action is brought. The plaintiff replies to this plea, that the discharge was executed in the state of New York, in pursuance of a statute of that state, enacting that it shalLbe lawful for one partner to make a separate composition with partnership creditors, which composition shall be a discharge of the debtor making the same, and of him only ; further replying that the release was made for the sole purpose of discharging McMartin from individual liability, and not to affect the right…
2Cases cited1 opinion
- Canfield v. HardSupreme Court of Connecticut · 1826
3Cited by3 opinions
- Lapenta v. LettieriSupreme Court of Connecticut · 1899
- Tilden v. PedersonWashington Supreme Court · 1915
- Weidlich v. WeidlichSupreme Court of Connecticut · 1964