Gram v. Cadwell
New York Supreme Court
On demurrer to the replication. The declaration was m A indebitatus assumpsit, for goods sold, &c. Plea, a release: which was set forth, on oyer, as follows: “ Jamesville, 20t.Ii September, 1824. In consideration of two hundred ana eighty dollars and thirty-one cents, cash received from sales of ashes in June last, belonging to Matthew Cadwell, (the defendant;) and sf the consignment to me by him of a lot of cherry hoards, supposed to be about thirty-five thousand feet, I do…
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On demurrer to the replication. The declaration was m A indebitatus assumpsit, for goods sold, &c. Plea, a release: which was set forth, on oyer, as follows: “ Jamesville, 20t.Ii September, 1824. In consideration of two hundred ana eighty dollars and thirty-one cents, cash received from sales of ashes in June last, belonging to Matthew Cadwell, (the defendant;) and sf the consignment to me by him of a lot of cherry hoards, supposed to be about thirty-five thousand feet, I do hereby release and discharge the said Matthew Cadwell from all debts and demands due by him to the late firm of N. B.…
1Opinion of the Court
Curia, per Savage, Ch. J.
In June following the dissolution, Stewart received $280 31, from sales of Cadwell’s ashes ; and subsequently a consignment of 35,000 feet of cherry boards ; in consideration of which he, on the 20th of September, executed the release. This can be of no avail, unless Stewart had a right to execute it; and that right depends on the question, whether he had assigned his interest in the partnership concerns. It has been often decided that this court will protect the rights of assignees ; and if the article of dissolution amounts to an assignment of Stewart’s interest,…
2Cases cited3 opinions
- Dob & Dob v. HalseyNew York Supreme Court · 1819
- Raymond v. SquireNew York Supreme Court · 1814
- Salmon v. DavisSupreme Court of Pennsylvania · 1812
3Cited by18 opinions
- Cannon v. LindseySupreme Court of Alabama · 1887
- Goldsmith v. Eichold Bros. & WeissSupreme Court of Alabama · 1891
- Robbins v. . FullerNew York Court of Appeals · 1862
- Burwell & Clarke v. SpringfieldSupreme Court of Alabama · 1849
- Muir v. SamuelsCourt of Appeals of Kentucky · 1901
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