Marsh v. Wheeler
Supreme Court of Connecticut
Action to recover the amount of a promissory note and to set aside certain conveyances of real estate alleged to have been made in fraud of creditors, brought to the Court of Common Pleas in Fairfield County and reserved ( Curtis, J,), upon an agreed statement of facts, for the advice of this court. The copartnership otC.' B. Wheeler & Co. was organized in 1896 and dissolved May 81st, 1900. Its members were Charles B. Wheeler, Charles B. Marsh and Edward H. Marsh.
Read the full summary
Action to recover the amount of a promissory note and to set aside certain conveyances of real estate alleged to have been made in fraud of creditors, brought to the Court of Common Pleas in Fairfield County and reserved ( Curtis, J,), upon an agreed statement of facts, for the advice of this court. The copartnership otC.' B. Wheeler & Co. was organized in 1896 and dissolved May 81st, 1900. Its members were Charles B. Wheeler, Charles B. Marsh and Edward H. Marsh. The two latter comprised another copartnership known as Marsh Brothers, engaged in the building trade. The purpose of…
1Opinion of the CourtPrentice, J.
The question which naturally first presents itself in this case is as to whether or not the two notes bearing the name of C. B. Wheeler & Co., which the plaintiffs' held at the time of the dissolution of said partnership, May 81st, 1900, were, in the plaintiffs’ hands, paper upon which Wheeler & Co. was obligated. It is conceded by both parties that any such obligation is, under the facts found, solely dependent upon authority in Charles B. Marsh to make and utter negotiable promissory notes in the name of the firm.
The plaintiffs contend that the articles of copartnership gave him express…
2Cases cited7 opinions
- McCormick v. Wheeler, Mellick & Co.Illinois Supreme Court · 1864
- Randall, Sawyer & Dyer v. Merideth & AilmanTexas Supreme Court · 1890
- Farmers & Citizens' Bank v. PayneSupreme Court of Connecticut · 1857
- Kimbro v. BullittSupreme Court of the United States · 1860
- Mechanics' Bank v. SchaumburgSupreme Court of Missouri · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- First National Bank v. FarsonNew York Court of Appeals · 1919
- Knapp v. Tidewater Coal Co.Supreme Court of Connecticut · 1912
- Poole v. Newark Trust Co.Superior Court of Delaware · 1939
- Burke v. CanfieldCourt of Appeals for the D.C. Circuit · 1941
- Maasdam v. Van BloklandOregon Supreme Court · 1927