Doughty v. Doughty
New Jersey Court of Chancery
The hill, filed December 2, 1845, states, that on the 6th of February, 1819, the complainant, Nathaniel Doughty, and the defendant, Enoch Doughty, being brothers, entered into a general partnership in buying and selling real estate, and in cutting oak and pine wood for market, and making charcoal, and in building vessels and sailing and selling them, cutting and sawing lumber, owning a saw-mill, and also the business of farming ; and that the partnership was so general that…
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The hill, filed December 2, 1845, states, that on the 6th of February, 1819, the complainant, Nathaniel Doughty, and the defendant, Enoch Doughty, being brothers, entered into a general partnership in buying and selling real estate, and in cutting oak and pine wood for market, and making charcoal, and in building vessels and sailing and selling them, cutting and sawing lumber, owning a saw-mill, and also the business of farming ; and that the partnership was so general that half of the furniture in each of their houses belonged to each of them; and that they each delivered in, as stock, an…
1Opinion of the Court
The Chancellor.
The case made by this bill, unaffected by the answer, would present so strong a case of fraud that the court would bo disposed to deal vigorously with it, and to grant an injunction to the extent prayed. But the answer of the defendant, though not satisfactory, is perhaps sufficient to put the main charge of the bill, the mental incapacity of the complainant at the time of the alleged dissolution of the partnership, in doubt. It is a case in which the complainant’s title is disputed. And if, in view of the answer, the complainant’s case was more clear, the result would only be,…
2Cases cited5 opinions
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- Franklin v. OsgoodCourt for the Trial of Impeachments and Correction of Errors · 1817
- Poole v. RichardsonMassachusetts Supreme Judicial Court · 1807
- Schobee v. DedmanCourt of Appeals of Kentucky · 1822
- Holden v. CrawfordSupreme Court of Vermont · 1826