Story v. Barrell
Supreme Court of Connecticut
THIS was an action of assumpsit, describing the defendants as late copartners in trade, under the name and firm of Nathaniel Gilbert & Co. The declaration contained four counts, the second of which was general, stating, that at Norwich, on the 2d of July 1812, the defendants became indebted, as traders in company as aforesaid, to the plaintiff, in the sum of 875 dollars, for so much money, at that time, had and received to the use and benefit of the plain!iff. and in law…
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THIS was an action of assumpsit, describing the defendants as late copartners in trade, under the name and firm of Nathaniel Gilbert & Co. The declaration contained four counts, the second of which was general, stating, that at Norwich, on the 2d of July 1812, the defendants became indebted, as traders in company as aforesaid, to the plaintiff, in the sum of 875 dollars, for so much money, at that time, had and received to the use and benefit of the plain!iff. and in law liable to pay to him said sum ; and that being so liable, and indebted, they did, in consideration thereof, at said…
1Opinion of the Court
Swift, Ch. J.
In this case, it appears, that Barrell and Gilbert, the defendants, had a note against Story, the plaintiff, to be paid out of the avails of a certain vessel, when sold, on which the plaintiff claimed, that he had paid 375 dollars to Barrell. Gilbert, on the sale of the vessel, had in his hands sufficient money to pay the whole note $ and after the dissolution of his partnership with Barrell, agreed with the plaintiff to retain the amount of the note, and promised in writ-*671ingto reruml to Iiim such sum as it should be found he had paid to Harrell, on a trial of the note then in…
2Cited by3 opinions
- New-Haven County Bank v. MitchellSupreme Court of Connecticut · 1842
- Mann v. LockeSuperior Court of New Hampshire · 1840
- Andrews v. ThayerSupreme Court of Connecticut · 1873