Tucker v. Oxley
Supreme Court of the United States
ERROR to the circuit court of the district- of Go-lUTn^la> sitting at Alexandria, in an action-ai-assumpsit for goods sold and'delivered, brought by Oxley, assignee of Thomas Moore, a bankrupt, against the plaintiffs in error.
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ERROR to the circuit court of the district- of Go-lUTn^la> sitting at Alexandria, in an action-ai-assumpsit for goods sold and'delivered, brought by Oxley, assignee of Thomas Moore, a bankrupt, against the plaintiffs in error. Upon the general issue, the jury found a verdict for the plaintiff, below for 143 dollars and 33 cents, subject to the opinion of the court upon the following case: Thomas Moore, the bankrupt, carried on the trade and business of a vendue master in copartnership with one Henry Moore, which copartnership was on the 31st of March, 1802, dissolved on the terms that Thomas…
1Opinion of the Court
February 15
Marshall, Ch. J.
delivered the opinion of the court, as follows :
In this case the plaintiffs in error, who were defendants in the circuit court, claimed to set off against a debt due from them to Thomas Moore, the bankrupt, a debt previously due to them from the firm of H. and T. Moore, which firm was dissolved, and the partnership fund had passed to T. Moore. This offset was not allowed; and its rejection is the -error alleged in the proceedings of the. circuit court.
At .law, independent of the statute of bankruptcy, the court js of opinion that this discount could not have been…
2Cited by91 opinions
- Warner v. Texas & Pacific Railway Co.Supreme Court of the United States · 1896
- Hoffman v. PalmerCourt of Appeals for the Second Circuit · 1942
- United States v. Katherine Bordallo AguonCourt of Appeals for the Ninth Circuit · 1988
- United States v. EliasonSupreme Court of the United States · 1842
- Cronan v. CottingMassachusetts Supreme Judicial Court · 1870
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