Wiggin v. Goodwin
Supreme Judicial Court of Maine
On report. Assumpsit upon a note dated February 21,1871, for $800, given to the plaintiff by the defendant in payment for the former’s interest in the assets of a partnership previously existing between them. The defendant filed a small note of the plaintiff, and an account, in set-off. The plaintiff, after reading the note in suit, admitted his liability for the $75 note filed in set-off and $60.40 of the account, and rested his case.
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On report. Assumpsit upon a note dated February 21,1871, for $800, given to the plaintiff by the defendant in payment for the former’s interest in the assets of a partnership previously existing between them. The defendant filed a small note of the plaintiff, and an account, in set-off. The plaintiff, after reading the note in suit, admitted his liability for the $75 note filed in set-off and $60.40 of the account, and rested his case. The defendant introduced the agreement of February 21, 1871, between the parties, fully copied into the opinion, and then proposed to show by the scrivener who…
1Opinion of the CourtAppleton, C. J.
The plaintiff and defendant were partners. The plaintiff sold out his interest in the partnership by a contract in the following terms :
“This certifies that I, George A. Wiggin, have this day sold unto Edward S. Goodwin, my former partner in the ladder business, all my right and title in said business, and do hereby sell and relinquish all my claim upon all the property, both real and personal, heretofore owned by the firm of Wiggin & Goodwin. Also all accounts now due said firm. In consideration of the sum of eight hundred dollars ($800) paid to me by said Edward S. Good*391win, receipt whereof…
2Cited by4 opinions
- Innis v. BollerSupreme Court of Oklahoma · 1923
- Putnam Foundry & MacHine Co. v. CanfieldSupreme Court of Rhode Island · 1904
- Schlicher v. VogelNew Jersey Court of Chancery · 1900
- London & Lancashire Fire Ins. v. StorrsCourt of Appeals for the Eighth Circuit · 1895