Didier v. Davison
New York Court of Chancery
This was an appeal, from a decretal order of the assistant vice chancellor of the first circuit, allowing the defendant’s plea to the bill filed in this cause. In September, 1815, H. Didier, the complainant, and J. N. D’Arcy, since deceased, were copartners in business at tho city of Baltimore, and the defendant J. Davison, and H. Hill, sih.ce deceased, were also copartners in trade residing out of the United States.
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This was an appeal, from a decretal order of the assistant vice chancellor of the first circuit, allowing the defendant’s plea to the bill filed in this cause. In September, 1815, H. Didier, the complainant, and J. N. D’Arcy, since deceased, were copartners in business at tho city of Baltimore, and the defendant J. Davison, and H. Hill, sih.ce deceased, were also copartners in trade residing out of the United States. This suit was commenced against Davison, who’ was temporarily in this state, in November, 1843, for an account and settlement, and for the payment of a balance due to the firm of…
1Opinion of the Court
The Chancellor.
The first question for consideration in this case, is whether it is within the exception in the statute relative to actions which concern the trade of merchandize between merchant and merchant, their factors or servants. (1 R. L. of 1813, 186, § 5.) The recent decisions in England, and which appear to contain the most reasonable construction of this much contested exception, in the statutory provision, which was substantially the same in both countries, have placed it ■upon a ground which is capable of a rational application. In the case of Inglis and another v. Haigh, (8 Mees.…
2Cases cited6 opinions
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- Peck v. Trustees of RandallNew York Supreme Court · 1806
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3Cited by7 opinions
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