Sawyer v. Rector
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Cass county; Hon. Wm. B. 'McConnell, Judge. Action by Samuel A. Sawyer, David L. Wallace, and Thomas Miller, partners under the name of Sawyer, Wallace & Co., .against the defendant to recover for services and money advanced. The defendant set up a discharge in bankruptcy. The ^plaintiffs had judgment, and the defendant appealed.
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Appeal from the district court of Cass county; Hon. Wm. B. 'McConnell, Judge. Action by Samuel A. Sawyer, David L. Wallace, and Thomas Miller, partners under the name of Sawyer, Wallace & Co., .against the defendant to recover for services and money advanced. The defendant set up a discharge in bankruptcy. The ^plaintiffs had judgment, and the defendant appealed. Under the provisions of the bankrupt law, and in view of the ■findings of the trial court, we contend it had no authority to -declare that the plaintiffs’ claim is exempted from the operation •of the defendant’s discharge. It could…
1Opinion of the Court
. Francis, J.
This action comes up on appeal from the district court in and for the county of Cass. The .plaintiffs (respondents) brought their action in the district court against the defendant (appellant) to recover the sum of $7,292.23, with interest, alleged to be due from the defendant to them for certain services performed by them for said defendant, the firm of Woodcock & Rector, of which he was a member, and for money paid, laid out, and expended for, and loaned and advanced to, the said firm by them.
The defendant, answering, admitted the partnership between himself and Woodcock; that…
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