Beach v. Hotchkiss
Supreme Court of Connecticut
THIS was an action of indebitatus assumpsit for money had and received. The cause was tried at Neiv-IIavcn, at an adjourned term in April 1818, before Swift, Ch. J. and Baldwin and Goddard, Js. The plaintiff, the defendants, Gad Peck and Goodrich ⅜ Deforest, on the 30th of July 1813, were the joint owners, in equal proportions,' of a quantity of corn meal, and other articles suitable for the Wcst-Iiulia market, of the value of 3,200 dollars.
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THIS was an action of indebitatus assumpsit for money had and received. The cause was tried at Neiv-IIavcn, at an adjourned term in April 1818, before Swift, Ch. J. and Baldwin and Goddard, Js. The plaintiff, the defendants, Gad Peck and Goodrich ⅜ Deforest, on the 30th of July 1813, were the joint owners, in equal proportions,' of a quantity of corn meal, and other articles suitable for the Wcst-Iiulia market, of the value of 3,200 dollars. By the consent of all concerned, the whole of this property was put into the hands of the defendants, and was, by them, in the month of August 1813,…
1Opinion of the Court
Swift, Ch. J.
In this case, it appears, that the plaintiff, xhe defendants, Gad Peck and Goodrich ⅜ Deforest were the joint owners of certain property, which they delivered to the defendants, as their agents, to be shipped to the West-Indies, to sell the same, and pay over the nett proceeds to the respective owners. This was a limited copartnership ; and as there were more than two partners, the only remedy is a bill in equity, where the accounts of all can be properly adjusted : and no action at law will lie in favour of either of the partners, against the defendants, as their agents, to…
2Cases cited6 opinions
- Casey v. BrushNew York Supreme Court · 1805
- Howard & Shattuck v. RansomSupreme Court of Vermont · 1827
- Ozeas v. JohnsonSupreme Court of Pennsylvania · 1806
- Ozeas v. JohnsonSupreme Court of the United States · 1806
- Collins v. PhelpsConnecticut Superior Court · 1807
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Weidlich v. WeidlichSupreme Court of Connecticut · 1960
- Gillett v. HallSupreme Court of Connecticut · 1840
- Hamilton v. ConineCourt of Appeals of Maryland · 1868
- Clapp v. LawtonSupreme Court of Connecticut · 1862
- Dupuis v. Becnel Co.Supreme Court of Louisiana · 1988
7 more not listed; retrieve them via the Exa API.