Hillyer v. Bennett
New York Court of Chancery
Bill filed to set aside an assignment and for an account, relating to matters which took place during the alleged infancy of the complainant. The bill stated that, on or about the third day of September one thousand eight hundred and thirty-three, the complainant entered into a co-partnership, in mercantile business in New-York, with one James H. Kinsley ; and that they opened a dry goods store at No. 440 Pearl street.
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Bill filed to set aside an assignment and for an account, relating to matters which took place during the alleged infancy of the complainant. The bill stated that, on or about the third day of September one thousand eight hundred and thirty-three, the complainant entered into a co-partnership, in mercantile business in New-York, with one James H. Kinsley ; and that they opened a dry goods store at No. 440 Pearl street. That the complainant, during the continuance of such co-partnership, put in, towards the capital stock, the sum of eight hundred dollars, and James H. Kinsley furnished,…
1Opinion of the Court
The Vice-Chancellor :
The object of the bill in this case is, not to settle the partnership accounts between the complainant and E. G. Bennett, nor to call J. C. Bennett to an account for the surplus of the assigned property under the assignment which the partners executed to J. C. Bennett to secure him against the five hundred dollar note, but, to set aside the assignment and to have the goods restored to the complainant, on the ground of his nonage, as well during the co-partnership as at the time of the assignment; and on the further ground that the note of five hundred dollars, which the…
2Cited by8 opinions
- Myers v. Hurley Motor Co.Supreme Court of the United States · 1927
- Bullock v. SprowlsTexas Supreme Court · 1899
- Gillespie v. BaileyWest Virginia Supreme Court · 1877
- Eureka Co. v. EdwardsSupreme Court of Alabama · 1881
- Prout v. WileyMichigan Supreme Court · 1873
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