Bennett v. Cadwell's
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Erie county: No. 157, to October and November Term 1871. This was an action of covenant brought February 12th 1869, by Charles H. Orton, George W. Haverstick and Elon A. Bennett, for the use of Elon A. Bennett, against William W. Beed, executor, &c., of Plenry Cadwell, deceased.
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Error to the Court of Common Pleas of Erie county: No. 157, to October and November Term 1871. This was an action of covenant brought February 12th 1869, by Charles H. Orton, George W. Haverstick and Elon A. Bennett, for the use of Elon A. Bennett, against William W. Beed, executor, &c., of Plenry Cadwell, deceased. The declaration recited in the first count that Orton, Haverstick, Bennett and Cadwell had been partners, under the firm of Haverstick, Bennett & Co., and on the 1st of June 1857, the partnership had been dissolved; on that day an agreement was entered into by Cadwell of the one…
1Opinion of the Court
The opinion of the court was delivered, July 3d 1872, by
Williams, J.
The question presented by the first assignment of error is, whether the judgment obtained in Wisconsin against the other members of the firm extinguished the partnership-note, and discharged the plaintiff, who was not served with the summons, from his legal obligation to pay it, and if so, whether it constitutes a defence in this action. The court below charged the jury that, “at the common law, if a creditor took judgment and liquidated it against one joint debtor he lost all right to bring suit for the same claim against…
2Cases cited7 opinions
- Holmes v. BroughtonNew York Supreme Court · 1833
- Fouke v. FlemingCourt of Appeals of Maryland · 1859
- Sherrill v. HopkinsNew York Supreme Court · 1823
- Bean v. BriggsSupreme Court of Iowa · 1857
- Whidden v. SeelyeSupreme Judicial Court of Maine · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Musser v. StaufferSupreme Court of Pennsylvania · 1896
- Semple v. Kramer Et Ux.Superior Court of Pennsylvania · 1924
- Bailey v. City of New Castle, Pennsylvania Court of Common Pleas, Lawrence County1937
- Breintall's EstatePennsylvania Orphans' Court, Philadelphia County · 1936
- Rader v. Bernstein, Pennsylvania Court of Common Pleas, Philadelphia County1931
1 more not listed; retrieve them via the Exa API.