President v. Wilkins
Supreme Judicial Court of Maine
This was an action of the case against the late sheriff of this county, for the ¿Hedged default of one Fillebrown, his deputy, in releasing certain personal property by him attached at the suit of the plaintiffs. It was tried before the Chief Justice, who reported the following facts. On the 24th day of March, 1826, Ira Fish, George D. Varney and Isaac Wendall, entered into partnership in the lumber business.
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This was an action of the case against the late sheriff of this county, for the ¿Hedged default of one Fillebrown, his deputy, in releasing certain personal property by him attached at the suit of the plaintiffs. It was tried before the Chief Justice, who reported the following facts. On the 24th day of March, 1826, Ira Fish, George D. Varney and Isaac Wendall, entered into partnership in the lumber business. On the 27th day of December, 1827, they jointly and severally promised, by their note, to pay ‡3,240 to the plaintiffs$ on which note an action was commenced jUjpril 28, 1828, in which…
1Opinion of the Court
The opinion of the Court was read at the ensuing September term in Lincoln, as drawn up by '
Mellen C. J.
The jury have found that the note signed by Ira Fish, George D. Varney and Isaac' Wendall, on the 27th of December, 1827, and payable to the Commercial Dank, was not given fora partnership debt; and therefore the attachment made by Fillebrown, on the 29th of April, 1828, in the plaintiff’s suit upon that note, had no legal priority to the attachments made by the same officer, of the same property, in the three suits of A. J. Wendall v. Isaac Wendall; Asa Perkins v. the same, and Mark L.…
2Cases cited11 opinions
- Pierce v. JacksonMassachusetts Supreme Judicial Court · 1810
- Goodwin v. RichardsonMassachusetts Supreme Judicial Court · 1814
- Rice v. AustinMassachusetts Supreme Judicial Court · 1821
- Ayer v. HutchinsMassachusetts Supreme Judicial Court · 1808
- Crane v. FrenchNew York Supreme Court · 1828
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3Cited by4 opinions
- Farley, Spear & Co. v. MoogSupreme Court of Alabama · 1885
- Hooley v. GieveNew York Court of Common Pleas · 1878
- Swan v. GilbertIllinois Supreme Court · 1898
- Swan v. GilbertAppellate Court of Illinois · 1896