Clarke v. Tappin
Supreme Court of Connecticut
Assumpsit. The fourth count of the declaration, which was the only one relied on, alleged that on the 18th of September, 1850, the plaintiff, and Richard M. Clarke, since deceased, were co-partners under the name of Clarke & Co., and that at that time the defendant and one Henry C. Coggeshall were partners under the name of Coggeshall & Tappin, and were indebted to Clarke & Co. by a note executed by the firm, dated November 24,1845, for the sum of $980.39, payable four…
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Assumpsit. The fourth count of the declaration, which was the only one relied on, alleged that on the 18th of September, 1850, the plaintiff, and Richard M. Clarke, since deceased, were co-partners under the name of Clarke & Co., and that at that time the defendant and one Henry C. Coggeshall were partners under the name of Coggeshall & Tappin, and were indebted to Clarke & Co. by a note executed by the firm, dated November 24,1845, for the sum of $980.39, payable four months after date ; and that on the 18th of September, 1850, the defendant at New York City, in consideration that-the…
1Opinion of the CourtDutton, J.
The plaintiff in support of his declaration offered to prove that prior to the 18th of September, 1850, the firm of Clarke & Co., of which he was a member, held a promissory note of the form following, to wit:—“ New York, November 24, 1845. Two months after, date we promise to pay to the order of Messrs. Clarke & Go., nine hundred and eighty dollars, value received. Coggeshall & Tappin; ” and that in consideration that the plaintiff promised to discharge him from his liability on said note he promised the plaintiff to pay *67him within two years, the amount of said note ; and that thereupon the…
2Cases cited4 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Belden v. SeymourSupreme Court of Connecticut · 1831
- Collins v. TillouSupreme Court of Connecticut · 1857
- Stearns v. TappinThe Superior Court of New York City · 1856
3Cited by7 opinions
- Strakosch v. Connecticut Trust & Safe Deposit Co.Supreme Court of Connecticut · 1921
- Healy v. YoungSupreme Court of Minnesota · 1875
- Averill v. SawyerSupreme Court of Connecticut · 1893
- Klock v. PiersonSupreme Court of Connecticut · 1937
- Wemple v. KnopeSupreme Court of Minnesota · 1870
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