Beard v. Boylan
Supreme Court of Connecticut
Writ of error from the judgment of a justice of the peace in an action brought by the plaintiff in error against the defendant in error to recover a debt for goods sold; brought to the Court of Common Pleas of Fairfield County. The judgment of the justice was in favor of the defendant. The Court of Common Pleas (Curtis, J!,) reversed the judgment, and the defendant in error appealed the case to this court. The case is fully stated in the opinion.
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Writ of error from the judgment of a justice of the peace in an action brought by the plaintiff in error against the defendant in error to recover a debt for goods sold; brought to the Court of Common Pleas of Fairfield County. The judgment of the justice was in favor of the defendant. The Court of Common Pleas (Curtis, J!,) reversed the judgment, and the defendant in error appealed the case to this court. The case is fully stated in the opinion. The validity of this contract does not in any sense depend upon or become affected by the failure to get all of the unsecured creditors to sign it.…
1Opinion of the CourtAndrews, C. J.
The plaintiff, being a creditor of the defendant, signed a composition agreement with sundry other creditors, as follows :—
“Whereas, Henry Boylan of Derby is in embarrassed financial circumstances, and is unable to pay his debts in full, and desires to effect a compromise with his creditors without the expense and delay of settling in the probate court as an insolvent estate, and proposes to pay twenty per cent, on all unsecured and unpreferred claims, on or before December 1st, 1888; and whereas we, the undersigned, creditors of said Boylan, are willing to accept said twenty per cent, in…
2Cases cited4 opinions
- Glendale Woolen Co. v. Protection Insurance Co.Supreme Court of Connecticut · 1851
- Dean v. MasonSupreme Court of Connecticut · 1822
- Stone v. RockefellerOhio Supreme Court · 1876
- Fitch v. Woodruff & Beach Iron WorksSupreme Court of Connecticut · 1860
3Cited by5 opinions
- Burns & Smith Lumber Co. v. DoyleSupreme Court of Connecticut · 1899
- Adams v. TurnerSupreme Court of Connecticut · 1900
- J. E. Smith & Co. v. W. M. Hurlburt Co.Supreme Court of Connecticut · 1919
- Marsh v. City of BridgeportSupreme Court of Connecticut · 1903
- White Sewing Machine Co. v. FeeleySupreme Court of Connecticut · 1899