Citizens' Bank v. Williams
New York Supreme Court
Appeal from special term, Erie county. It is alleged in othe affidavits upon which the attachment was granted, among other things, that the defendants, as copartners under the firm name of Williams & Co., are indebted to the plaintiff in the sum of $2,500, with interest thereon from January 14, 1890, upon a promissory note made by said firm; that on the 31st day of January, 1890, defendants, as such copartners and individually, made, executed, and delivered to one Gates a…
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Appeal from special term, Erie county. It is alleged in othe affidavits upon which the attachment was granted, among other things, that the defendants, as copartners under the firm name of Williams & Co., are indebted to the plaintiff in the sum of $2,500, with interest thereon from January 14, 1890, upon a promissory note made by said firm; that on the 31st day of January, 1890, defendants, as such copartners and individually, made, executed, and delivered to one Gates a general assignment of all of their copartnership and individual property for the benefit of their creditors; that it is…
1Opinion of the CourtChilds, J.
The debt to Clark, evidenced by the notes preferred in the appellants’ assignment, was in no sense the debt or obligation of the firm of Williams & Co. It was not incurred in the business of .jfche firm, or for its benefit, and the firm had not in any manner become obligated to pay it. Durant v. Pierson, 11 N. Y. Supp. 842. It was the debt of the firm of M. C. Williams & Co., which, by agreement between the members of that firm, M. C. Williams had obligated himself to pay. Before discharging this obligation said M. C. Williams died, leaving his entire estate (subject to the payment of his…
2Cases cited10 opinions
- Case v. BeauregardSupreme Court of the United States · 1879
- Fitzpatrick v. FlannaganSupreme Court of the United States · 1882
- Menagh v. . WhitwellNew York Court of Appeals · 1873
- Wilson v. . RobertsonNew York Court of Appeals · 1860
- Saunders v. . ReillyNew York Court of Appeals · 1887
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3Cited by3 opinions
- Republic of Italy v. De AngelisCourt of Appeals for the Second Circuit · 1953
- Republic of Italy v. De AngelisCourt of Appeals for the Second Circuit · 1953
- Republic of Italy v. De AngelisCourt of Appeals for the Second Circuit · 1953