Le Page v. McCrea
New York Supreme Court
This was an action of assumpsit, tried at the New-Yoilt circuit in December, 1825, before the Hon. Ogden Edwards, one of the circuit judges.
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This was an action of assumpsit, tried at the New-Yoilt circuit in December, 1825, before the Hon. Ogden Edwards, one of the circuit judges. On the trial, the following facts appeared ; The defendant and John Slidell, junior, previous, to the 11th September, 1820, transacted business together as merchants, in the city of New-York, under the name of M’Crea & Slidell; and being indebted to a number of perg0Qgj an(] amongst others to the plaintiff, whose debt was' $2727,96, they, on that day, made an assignment of their property to trustees, for the benefit of their creditors. The ^ssignment…
1Opinion of the Court
By the Court,
Woodworth, J.
The plaintiff declared in assumpsit on the money counts. It appeared that the defendant and John Slidell, junior, were partners, and on the 11th September, 1820, made an .assignment of their property to trustees, for the benefit of their creditors, containing a proviso, that the creditors within one year assent to come in. under the assignment, and agree to accept the individual responsibility of each partner for one half of their demands, and release the other half, engaging to look to each partner for a moiety of their respective demands. In the assignment, the…
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