Legal Opinion

Williams v. Dakin & Bacon

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1839PublishedCited by 29 opinions

Error from the supreme court. On the 10th May, 1825, Dankin & Bacon bought of W. Williams a newspaper éstablishment, known as the Utica Sentinel, and the good will and patronage of the paper, for which they agreed to pay $3500 ; viz; $3000 for the patronage and good will of the establishment, and $500 for the types and printing apparatus ; and the parties accordingly entered into an agreement under seal to carry the purchase into effect.

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Error from the supreme court. On the 10th May, 1825, Dankin & Bacon bought of W. Williams a newspaper éstablishment, known as the Utica Sentinel, and the good will and patronage of the paper, for which they agreed to pay $3500 ; viz; $3000 for the patronage and good will of the establishment, and $500 for the types and printing apparatus ; and the parties accordingly entered into an agreement under seal to carry the purchase into effect. A. Seward, uniting with W. Williams, these parties covenanted as follows : “ That they will not, nor will either of them, establish, set up or commence the…

1Opinion of the Court

After advisement, the following opinions were delivered:

By the Chancellor.

The alleged breaches of this covenant, upon the facts found by the special verdict, are 1st. That Williams assisted Merrell is establishing a political paper in Utica called the Utica Intelligencer, by hiring him his printing press for the avowed object of printing that paper, and by selling him types for that purpose-—which types Williams had for sale on commission for a house in Philadelphia ; and that a part of the first number of that paper was set up by Merrell in the office of Williams; and 2d. That Williams…

2Cited by29 opinions

  1. Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
  2. Glock v. Howard & Wilson Colony Co.California Supreme Court · 1898
  3. Moss v. ChappellSupreme Court of Georgia · 1906
  4. Duffy v. ShockeyIndiana Supreme Court · 1858
  5. Mason v. Callender, Flint, & Co.Supreme Court of Minnesota · 1858

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