Jarvis v. Palmer
New York Court of Chancery
This was an apppeal from an order of the vice chancellor of the first circuit, overruling the defendant’s plea and demurrers to the bill in this catise.
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This was an apppeal from an order of the vice chancellor of the first circuit, overruling the defendant’s plea and demurrers to the bill in this catise. The complainant was the general assignee of all the property and effects of A. Brower, for the benefit of the creditors of the latter, by an assignment in trust executed on the 21st of May, 1841. Previous to that time, Brower and F. A. Palmer, the defendant in this suit, had been co-partners in business, as the proprietors of a line of stagecoaches and omnibüsses, which partnership was dissolved by a written agreement between Brower find…
1Opinion of the Court
The Chancellor.
The first demurrer; which is to so much of the bill as seeks ah answer and discofery ks to the agreement of the 13th of May, 1841, and an accohnt in respect to the acts of the defendant under that agreement, appears to be well taken; and is not overruled by the plea. It is true, the complainant, under the agreement referred to in that demurrer, would be entitled to payment of the amount which the judgment and other liens, exclusive of the partnership debts, should fall short of the $8177,24. But I have not been able to fihd any allegation or chargeüh the bill, either upon…
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