Sands' Administrator v. Durham
Supreme Court of Virginia
Appeal from a decree of the Circuit Court of Giles county, pronounced at its May term, 1899, in a suit in chancery, wherein the appellee was the complainant, and the appellants and others were the defendants. The facts of this case, so far as necessary to a clear understanding of the opinion of the court, are as follows: On January 1, 1886, J. II.
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Appeal from a decree of the Circuit Court of Giles county, pronounced at its May term, 1899, in a suit in chancery, wherein the appellee was the complainant, and the appellants and others were the defendants. The facts of this case, so far as necessary to a clear understanding of the opinion of the court, are as follows: On January 1, 1886, J. II. Durham, D. L. Whittaker and D. A. Early entered into a mercantile co-partnership', under the style of D. L. Whittaker & Co. D. L. Whittaker furnished a stock of goods valued at three thousand dollars. Durham and Early wrere to pay Whittaker interest…
1Opinion of the CourtWhittle, J.
An opinion was handed down in this case in June, 1900 (98 Va. 392), but, this court not being satisfied with the conclusion then reached, a rehearing was granted.
There is but this single question presented for decision: Where a partnership has been dissolved, and the social assets exhausted, and judgments subsequently recovered against the members of the firm on partnership debts 'have been paid by one of the partners, who is not in arrears to the firm, out of his individual means, .and this is shown by a settlement of the partnership accounts, is the partner who has paid the judgments…
2Cases cited5 opinions
- Horton v. BondSupreme Court of Virginia · 1877
- Gatewood v. GatewoodSupreme Court of Virginia · 1881
- Dobyns & Davis v. RawleySupreme Court of Virginia · 1882
- Pace v. Pace's Adm'rSupreme Court of Virginia · 1898
- Sands' Administrator v. DurhamSupreme Court of Virginia · 1900
3Cited by15 opinions
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- McKay v. Citizens Rapid Transit Co.Supreme Court of Virginia · 1950
- Cornelia Bank v. First National BankSupreme Court of Georgia · 1930
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
- Board of Supervisors v. Southern Cross Coal Corp.Supreme Court of Virginia · 1989
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