Clark v. Bowen
Supreme Court of the United States
This case was brought up by writ of error from the District Court of the United States for the district of Wisconsin. The facts were these: In 1854; the defendants in error were merchants in New Pork, trading under the name of Bowen & McNamee, and the plaintiffs in error, merchants in Wisconsin, trading under the name óf H. O. Clark & Co. In.
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This case was brought up by writ of error from the District Court of the United States for the district of Wisconsin. The facts were these: In 1854; the defendants in error were merchants in New Pork, trading under the name of Bowen & McNamee, and the plaintiffs in error, merchants in Wisconsin, trading under the name óf H. O. Clark & Co. In. July, 1854, H. O. Clark & Co. had notes outstanding, due to the firm of Bowen & McNamee, to the amount of $7,950.75. Being embarrassed, an arrangement was made between them and the agent of Bowen & McNamee, to the following effect, viz: 1. That they…
1Opinion of the CourtJustice Catron
We deem it to be a matter not open to controversy in this suit, that the State court of Rock county properly vacated its own judgment, as respected Clark and Justin, after Smith, the solvent partner, had been released from it — -because Clark, had no power to bind Smith by the confession; and secondly, because the goods that were assigned to a trustee to secure the judgment had been taken from the assignee, by a previous mortgage of them.
The following admission is found in the bill of exceptions, and is conclusive of the merits of this controversy:
“It is conceded by defendants, that the…
2Cited by2 opinions
- Bank of Shelton v. WilleyWashington Supreme Court · 1893
- Harper v. CunninghamDistrict of Columbia Court of Appeals · 1896