Williams v. Donaghe's
Supreme Court of Virginia
Hugh Donaghe brought a suit in the Staunton chancery court, against Joseph and Cumberland D. Williams, to recover the amount of a note, executed by the said Joseph Williams, to the said Donaghe, for $ 2,169 58 cts.
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Hugh Donaghe brought a suit in the Staunton chancery court, against Joseph and Cumberland D. Williams, to recover the amount of a note, executed by the said Joseph Williams, to the said Donaghe, for $ 2,169 58 cts. The bill sets forth the following case; that the plaintiff having a waggon and team, in the year 180r, some other horses, and a quantity of grain and bacon for sale, he made a contract with the said Joseph Williams, (then part owner and manager, as he understood, of certain iron works in the county of Augusta, conducted under the name and firm of Joseph and Cumberland D. Williams,)…
1Opinion of the Court
February 10.
Judge Cabell,
delivered the opinion of the court.
The evidence abundantly proves, that the debt which was the consideration of the note in the bill mentioned, was contracted with Hugh Donaghe by Joseph Williams, one of the partners of the firm of Joseph & Cumberland D. Williams, on the credit, and for the benefit of the firm. It did not cease to be a debt of the firm, by the said Joseph Williams giving his individual note therefor ; nor by his applying, to his individual use, some of the property *305for which the debt was contracted. Being a debt due ° _ from the partnership, and one…
2Cited by11 opinions
- Niday v. Harvey & Co.Supreme Court of Virginia · 1852
- Holt v. TaylorWest Virginia Supreme Court · 1897
- Brooke v. WashingtonSupreme Court of Virginia · 1851
- Niday v. Harvey & Co.Supreme Court of Virginia · 1852
- Niday v. Harvey & Co.Supreme Court of Virginia · 1852
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