Huntington v. Clark
Supreme Court of Connecticut
General assumpsit, for money paid and on an account stated; brought to the Superior Court in Hartford County, and tried to the jury, on the general issue, with notice of a discharge by a composition deed, b'efore Pardee, J. Upon the trial it was admitted that the defendant, who was a manufacturer, on tbe 27th of March, 1868, was indebted to tbe plaintiffs, who were commission merchants, and bis principal creditors, in about tbe sum of $45,000, and that both parties were…
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General assumpsit, for money paid and on an account stated; brought to the Superior Court in Hartford County, and tried to the jury, on the general issue, with notice of a discharge by a composition deed, b'efore Pardee, J. Upon the trial it was admitted that the defendant, who was a manufacturer, on tbe 27th of March, 1868, was indebted to tbe plaintiffs, who were commission merchants, and bis principal creditors, in about tbe sum of $45,000, and that both parties were residents of the state of New York. Also that tbe defendant was at that time unable to pay bis debts in.full, and that tbe…
1Opinion of the CourtFoster, J.
The rules and principles which govern contracts of compromise between an insolvent debtor and his creditors, whether in the form of composition deeds, as they are usually styled, or otherwise, are very thoroughly established and very generally understood. The utmost good faith must be observed by all parties ; any fraud taints and makes void the agreement, -however technical or solemn may have been its form, or the mode of its execution. This, indeed, may be said of all contracts, but especially of those of this character. The nature of these transactions, and the situation of the parties,…
2Cases cited1 opinion
- Doughty v. SavageSupreme Court of Connecticut · 1859
3Cited by9 opinions
- Kilduff v. Adams, Inc.Supreme Court of Connecticut · 1991
- Stuart v. StuartSupreme Court of Connecticut · 2010
- Evans v. GallantineIndiana Supreme Court · 1877
- Citizens National Bank v. KeeneyIndiana Court of Appeals · 1915
- Powers Dry-Goods Co. v. HarlinSupreme Court of Minnesota · 1897
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