Brown v. Farnham
Supreme Court of Minnesota
Appeal by plaintiff, Jonas F. Brown, from a judgment of the district court of Hennepin county, Pond, J., entered January 2, 1891, dismissing the action on the merits, with costs. The action was brought against Sumner W. Farnham, surviving partner of the firm of Farnham & Lovejoy, to recover the contents of a promissory note for $12,000 given plaintiff by that firm.
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Appeal by plaintiff, Jonas F. Brown, from a judgment of the district court of Hennepin county, Pond, J., entered January 2, 1891, dismissing the action on the merits, with costs. The action was brought against Sumner W. Farnham, surviving partner of the firm of Farnham & Lovejoy, to recover the contents of a promissory note for $12,000 given plaintiff by that firm. The answer stated that- on June 1, 1888, said Farnham and the executors of the will of Lovejoy, then deceased, entered into a contract with the creditors of the firm, including plaintiff, whereby they agreed to assign and set over…
1Opinion of the CourtVanderburgh, J.
The mutual agreement, under seal, entered into by the defendant with his creditors, including the plaintiff, which is set forth in the record, and under which he agreed to surrender and transfer certain property to the trustee therein named, to be disposed of and divided among such creditors in satisfaction and discharge of their claims, is a valid composition deed, and a bar to this action. The cause of action on the note sued on is superseded by the new agreement, and the plaintiff’s rights and remedies must be determined by it. The reason of this is apparent. The composition deed is an…
2Cases cited3 opinions
- Perkins v. LockwoodMassachusetts Supreme Judicial Court · 1868
- Goodrich v. StanleySupreme Court of Connecticut · 1856
- White v. . KuntzNew York Court of Appeals · 1887
3Cited by5 opinions
- In Re Clarence A. Nachman Co.Court of Appeals for the Second Circuit · 1925
- Brown & Franklin v. Everett Ridley Ragan Co.Supreme Court of Georgia · 1900
- Brown v. FarnhamSupreme Court of Minnesota · 1893
- Stewart Bros. v. Langston & WoodsonSupreme Court of Georgia · 1898
- Kimball v. StokesSupreme Court of Oklahoma · 1931