Niday v. Harvey & Co.
Supreme Court of Virginia
David Niday, in November 1835, exhibited his bill in the Circuit Superior court of law and chancery for the county of Botetourt, against John M. Harvey & Co., George W. Wilson, trustee, and others, praying an injunction to the sale of real and personal property which had been conveyed by John Wood, one of the defendants, to Wilson in trust to secure a debt due from him to Harvey & Co., and which property was then advertised by the trustee for sale.
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David Niday, in November 1835, exhibited his bill in the Circuit Superior court of law and chancery for the county of Botetourt, against John M. Harvey & Co., George W. Wilson, trustee, and others, praying an injunction to the sale of real and personal property which had been conveyed by John Wood, one of the defendants, to Wilson in trust to secure a debt due from him to Harvey & Co., and which property was then advertised by the trustee for sale. An injunction was granted; but Harvey & Co. and their trustee disregarding it, made sale of the property. Niday then filed a supplemental bill to…
1Opinion of the CourtDaniel, J.
I think that the judge of the Circuit court of Botetourt did not err in his opinion and decree of April 1839, in holding, “that as by the terms of dissolution Wood was to pay the debts of the firm, and for that purpose took all the property, real and personal, it was not competent for the retiring partner (Niday) to acquire an incumbrance on any part thereof, to the prejudice of the rights of a creditor of the firm.” The truth of the proposition of law involved in so much of the opinion is obvious, and was not seriously controverted in the arguments of the appellant’s counsel here. It is, I…
2Cases cited1 opinion
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