John Bird Co. v. Hurley
Supreme Judicial Court of Maine
On motion. Assumpsit on an account annexed to the writ, in which the balance claimed is $552.19. The action was originally against William P. Hurley and FrancesE. Hurley, co-partners under the firm name of the Rock-land Lime Company. The defendant, William P. Hurley, having been adjudged an insolvent debtor, and the insolvency proceedings being still pending, the plaintiff discontinued as to him.
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On motion. Assumpsit on an account annexed to the writ, in which the balance claimed is $552.19. The action was originally against William P. Hurley and FrancesE. Hurley, co-partners under the firm name of the Rock-land Lime Company. The defendant, William P. Hurley, having been adjudged an insolvent debtor, and the insolvency proceedings being still pending, the plaintiff discontinued as to him. Frances E. Hurley, the other defendant, pleaded the general issue, and filed an affidavit in due form denying the co-partnership. The case is stated in the opinion.
1Opinion of the CourtEmery, J.
Some person or persons were carrying on a lime-burning and general store business on certain premises in Rockland, under the business nameorstyle ofthe "Rockland Lime Company,” at the time the plaintiff sold to him or them the bill of goods sued for in this action. William P. Hurley was admittedly carrying on that business under that name, either alone or with a partner or partners. He ordered these goods for use in the business, and they were charged upon the plaintiff’s books to the "Rockland Lime Company.” Afterward, William P. Hurley, upon petition of the plaintiff and other creditors,…
2Cited by5 opinions
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- Smith v. SmithCourt of Appeals of Maryland · 1947
- Holmes v. VigueSupreme Judicial Court of Maine · 1934
- Bennett v. BennettOregon Supreme Court · 1917
- Kent v. CobbColorado Court of Appeals · 1913