Legal Opinion

Halliday v. McDougall

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1839PublishedCited by 13 opinions

Error from the supreme court. Halliday sued J. D. Ansley, J. McDougall and W. J. Wightman, in the superiot coürt of the city of New-York, as the drawers of two bills of exchange of $750 each, drawn in the city of New-York, in the name of Ansley, MeDougall fy Co., on a firm transacting business in Chai'leston, under the name of J. D. Ansley 8f Co., both bearing date 86th November, 1825, payable to the order of the plaintiff,- one in 30, and the other in 40 days after sight.

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Error from the supreme court. Halliday sued J. D. Ansley, J. McDougall and W. J. Wightman, in the superiot coürt of the city of New-York, as the drawers of two bills of exchange of $750 each, drawn in the city of New-York, in the name of Ansley, MeDougall fy Co., on a firm transacting business in Chai'leston, under the name of J. D. Ansley 8f Co., both bearing date 86th November, 1825, payable to the order of the plaintiff,- one in 30, and the other in 40 days after sight. The bills were accepted but protested for non-payment.- MeDougall alone was brought into court,the sheriff having…

1Opinion of the Court

.After advisement the following opinions were delivered :

By the Chancellor.

I have no doubt of the correctness of the decision Of the supreme court, that general reputation alone is not sufficient to establish a copartnership, so as to charge the supposed members of the firm with the payment of its debts; and if the decission of this case turn-ad upon that question, I should have no difficulty in affirming the judgment of that court, by which the judgment of the superior court of the city of New-York, in favor of the present plaintiff -in error, was reversed. Proof of general -reputation,…

2Cases cited3 opinions

  1. Etting v. Bank of United StatesSupreme Court of the United States · 1826
  2. Simms v. SlacumSupreme Court of the United States · 1806
  3. Scott v. Ezra Lunt's AdministratorSupreme Court of the United States · 1833

3Cited by13 opinions

  1. Van Eps v. DillayeNew York Supreme Court · 1849
  2. Cross v. Burlington National BankSupreme Court of Kansas · 1876
  3. Crandall v. BeachNew York Supreme Court · 1852
  4. Earl v. HurdIndiana Supreme Court · 1839
  5. Van Vleck v. BurroughsNew York Supreme Court · 1849

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