Skinner v. Dayton
New York Court of Chancery
[ * 527 ] THE bill stated that the plaintiff, and Abraham Dayton Reuben Wheeler, William Raymond, jun., Nathan H. Raymond, Abner S. Hitchcock, and Nathan Dean, defendants, and Ira Hall, on the 10th of April, 1815, formed an association, in writing, called The Granville Cotton Manufacturing Company, with a president, and from two to four directors; and that it was agreed, among other things, to be the duty of the president and directors, to appoint a general agent, to…
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[ * 527 ] THE bill stated that the plaintiff, and Abraham Dayton Reuben Wheeler, William Raymond, jun., Nathan H. Raymond, Abner S. Hitchcock, and Nathan Dean, defendants, and Ira Hall, on the 10th of April, 1815, formed an association, in writing, called The Granville Cotton Manufacturing Company, with a president, and from two to four directors; and that it was agreed, among other things, to be the duty of the president and directors, to appoint a general agent, to purchase stock and vend goods, and, under the direction of the president and directors, to do business; and that each person,…
1Opinion of the Court
The Chancellor.
[ * 533 ]
The defendants contracted with the plaintiff in his individual capacity. This is the legal interpretation of the contract, as declared by the Supreme Court; and the two answers of the two Whites are explicit as to their intention so to contract. There is no doubt that the covenant of the plaintiff to pay the three instalments, for which the action at law was commenced, is an independent covenant, and there is nothing appearing in the case to show that the plaintiff is not held at law to perform it. What then is the equity which is to control that suit ? It may be said,…
2Cited by12 opinions
- Paschall v. PassmoreSupreme Court of Pennsylvania · 1851
- Wagner v. CheneyNebraska Supreme Court · 1884
- Grigg v. LandisSupreme Court of New Jersey · 1870
- Cephas v. Doebler, Jr.Supreme Court of Connecticut · 1892
- Clark v. DrakeWisconsin Supreme Court · 1851
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