Almy v. Wilbur
U.S. Circuit Court for the District of Rhode Island
In equity. The first case was a hill in equity, [by Samson Almy against Peleg Wilbur,] filed, and notice served on the respondent, 17th October, 1842. It alleged, that, March 7, 1828, .Rowland G. Hazard & Co. entered into an agreement with Christopher Lippitt to assume the payment of five hundred spindles, then purchased or contracted for by Lippitt, and to buy three hundred more, receiving from the vendors bills of sale for all of them, as security for the amount loaned,…
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In equity. The first case was a hill in equity, [by Samson Almy against Peleg Wilbur,] filed, and notice served on the respondent, 17th October, 1842. It alleged, that, March 7, 1828, .Rowland G. Hazard & Co. entered into an agreement with Christopher Lippitt to assume the payment of five hundred spindles, then purchased or contracted for by Lippitt, and to buy three hundred more, receiving from the vendors bills of sale for all of them, as security for the amount loaned, not to exceed $10,000; that Lippitt, on his part, agreed to use said machinery in his factory, at Jewett City, Conn., in…
1Opinion of the Court
WOODBURY, Circuit Justice.
Tbis case has- some features ratber novel. No fraud or mistake is charged in tbe bill; no papers are asked to be given- up or cancelled; nor any request made of an account of profits and receipts, which grow out of any general copartnership, or which are very intricate and diffieult either to estimate or ascertain; nor is any specific performance desired of a contract made between these parties, that has been fulfilled on the part of the plaintiff, and not on the part of the respondent. But the complainant asks us to compel the respondent to pay for machinery, which…
2Cases cited23 opinions
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Heyer v. PruynNew York Court of Chancery · 1839
- Lyon v. LymanSupreme Court of Connecticut · 1831
- Belknap v. GleasonSupreme Court of Connecticut · 1836
- Jackson ex rel. Sackett v. SackettNew York Supreme Court · 1831
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