Maclary v. Reznor
Court of Chancery of Delaware
Bill in equity for an injunction. — The facts of this case, as made by the record were, that Maclary and one Frederick W. Ridgely and Reznor had formed a mercantile copartnership of equal interest, under the name and style of Ridgely & Maclary, and had commenced business at Ridgely Station, on the line of the Maryland and Delaware Railroad, in Caroline County, Maryland, in the summer of the year 1867, and that, in the month of October following, Reznor sold his interest in…
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Bill in equity for an injunction. — The facts of this case, as made by the record were, that Maclary and one Frederick W. Ridgely and Reznor had formed a mercantile copartnership of equal interest, under the name and style of Ridgely & Maclary, and had commenced business at Ridgely Station, on the line of the Maryland and Delaware Railroad, in Caroline County, Maryland, in the summer of the year 1867, and that, in the month of October following, Reznor sold his interest in the firm to him and Ridgely, and retired from it. That the two then formed a new partnership, and continued in the…
1Opinion of the Court
The Chancellor :—
The motion is to dissolve the injunction issued in this cause, and.is made upon two grounds.
First. The want of equity in the bill.
It is insisted for the defendant, that his promise to accept $1000, in full satisfaction of the debt due from Ridgely & Maclary, was without consideration, and that this appearing on the face of the bill, removes the equity which,¿rima facie, the complainant has arising out of the written release executed by the defendant.
We need not consider whether, supposing Reznor’s promise to compound this debt still remained executory, there arose out of the…
2Cases cited1 opinion
- Reynolds & Wires v. FrenchSupreme Court of Vermont · 1839
3Cited by2 opinions
- Killen v. PurdyCourt of Chancery of Delaware · 1915
- Lionel Corp. v. KleinCourt of Chancery of Delaware · 1954