Norton v. Woods
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. An action of assumpsit was brought in the supreme court in the names of H. Bulkley A. Bishop and W. Woods against Norton, for money paid . Previous to the commencement of the suit, a partnership had existed between the plaintiffs, which was dissolved and all the assets of the firm transferred to W. Woods, one of the partners, who subsequently assigned his property to D. Woods, for the benefit of his creditors.
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Appeal from chancery. An action of assumpsit was brought in the supreme court in the names of H. Bulkley A. Bishop and W. Woods against Norton, for money paid . Previous to the commencement of the suit, a partnership had existed between the plaintiffs, which was dissolved and all the assets of the firm transferred to W. Woods, one of the partners, who subsequently assigned his property to D. Woods, for the benefit of his creditors. The suit was brought in the name of the late firm, and on the trial of the cause the defendant offered to prove.payment of the demand by Bulkley, one of the late…
1Opinion of the CourtJustice Bronson
delivered the only opinion, which was delivered in this court, in which, after reviewing the proofs, he came to the conclusion that the firm of Bulkley Bishop and Woods had a legal cause of action against jVbrton, and that the allegation of payment had not been estab*522lished by the testimony, and that therefore the bill filed by Norton could not be maintained. He also held that the bill should not be sustained for the reason that the complainant had not availed himself of his legal defences whilst the suit was depending at law. Upon which last point he delivered the following .opinion: , *
“ But…
2Cases cited2 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Norton v. WoodsNew York Court of Chancery · 1835
3Cited by13 opinions
- Glacius v. . FogelNew York Court of Appeals · 1882
- Kibbe v. BensonSupreme Court of the United States · 1874
- Jones v. CrosthwaiteSupreme Court of Iowa · 1864
- Morris v. FloydNew York Supreme Court · 1849
- Darland v. TaylorSupreme Court of Iowa · 1879
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