Bird, Savage, & Bird v. Pierpoint
New York Supreme Court
This was an action of assumpsit, for goods sold and delivered. Plea, non assumpsit. The cause was tried before Mr. Justice Livingston at the New-Tork sittings, on the 14th January, 1805. On the trial, the plaintiffs proved their account for the goods sold, and there rested the cause.
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This was an action of assumpsit, for goods sold and delivered. Plea, non assumpsit. The cause was tried before Mr. Justice Livingston at the New-Tork sittings, on the 14th January, 1805. On the trial, the plaintiffs proved their account for the goods sold, and there rested the cause. The defendant then offered to prove that the plaintiffs were joint-partners in trade in England, under the firm of Bird, Savage and Bird, and in this Country, under the firm of Robert Bird y Co. and that prior to the commencement of the present suit, Henry M. Bird and Benjamin Savage, two of the partners, were…
1Opinion of the CourtSpencer, J.
after stating the facts. The only question which can arise in this case, is, whether the plaintiffs are proper parties to maintain the suit. As it respects the assignment to Mr. Harison, independently of its not being a defence at law to the defendant, it is special in its nature, and does not transfer this debt. In regard to Henry M. Bird, znd'Savage, their discharge in England cannot be taken notice of here ; the case of Van Raugh v. Van Arsdaln,* is decisive that this court will not suffer the discharge of an insolvent under the laws of a State where he is domiciled to operate against a…
2Cases cited1 opinion
- Van Raugh v. Van ArsdalnNew York Supreme Court · 1805
3Cited by6 opinions
- Andrews v. HerriotNew York Supreme Court · 1825
- Hooper v. TuckermanThe Superior Court of New York City · 1849
- Sample v. LooneyTennessee Superior Court for Law and Equity · 1804
- Cuykendall v. MilesU.S. Circuit Court for the District of Massachusetts · 1882
- Cleaden v. WebbSuperior Court of Delaware · 1873
1 more not listed; retrieve them via the Exa API.