Didier v. Davison
New York Court of Chancery
The bill was filed by Henry Didier as surviving partner of the firm of Didier & D’Arcy of Baltimore in Maryland, against James Davison as survivor of the firm of Davison & Hill. It set forth a large indebtedness by the latter firm to D. & D. arising upon bills of exchange and a joint shipping adventure in 1815 and 1816. D. & H. transacted business in the island of Hayti, and also in Baltimore where Hill lived. Davison resided in Hayti.
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The bill was filed by Henry Didier as surviving partner of the firm of Didier & D’Arcy of Baltimore in Maryland, against James Davison as survivor of the firm of Davison & Hill. It set forth a large indebtedness by the latter firm to D. & D. arising upon bills of exchange and a joint shipping adventure in 1815 and 1816. D. & H. transacted business in the island of Hayti, and also in Baltimore where Hill lived. Davison resided in Hayti. D. & H. failed in 1816, and then owed D. & D. over $30,000, The bill set forth sundry letters from Davison to D. &. D. in 1816 and 1817, some written from…
1Opinion of the Court
The Assistant Vice-Chancellor.
The complainant raises some questions upo 'the form of the plea, which are first to be considered.
1. It is said to be double, because it sets up two matters, either of which, if they be a defence at all, constitutes a full defence to the suit, viz: the return of Hill to this state in 1820, and Davison’s residence here in 1834.
The defence set up by the plea, is that the demand is barred by the statute of limitations. This is a single point, and both of these facts are brotight forward to support it. I think the decision of Lord Thurlow in Whitehead v. Brockhurst,…
2Cases cited7 opinions
- Troup v. Executors of SmithNew York Supreme Court · 1822
- Leonard v. PitneyNew York Supreme Court · 1830
- White v. BaileyMassachusetts Supreme Judicial Court · 1807
- Faw v. Roberdeau'sSupreme Court of the United States · 1805
- Fowler v. HuntNew York Supreme Court · 1813
2 more not listed; retrieve them via the Exa API.