Legal Opinion

Peck v. Jenness

Superior Court of New Hampshire

Decided July 15, 1845PublishedCited by 1 opinion

Error, to reverse a judgment rendered in the common pleas. The original action was assumpsit, instituted October 8, 1842, by Jobn S. Jenness, John Gage* and John E. Lyon, against Philip Peek and William Bellows, the plaintiffs in error, who were partners in trade. It appeared from the record, that the writ was served October 10,1842, by an attachment of the partnership property, and of the separate property of each partner.

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Error, to reverse a judgment rendered in the common pleas. The original action was assumpsit, instituted October 8, 1842, by Jobn S. Jenness, John Gage* and John E. Lyon, against Philip Peek and William Bellows, the plaintiffs in error, who were partners in trade. It appeared from the record, that the writ was served October 10,1842, by an attachment of the partnership property, and of the separate property of each partner. The defendants at the October term 1848, pleaded severally in bar of the further maintenance of the action. The plea of Peck set forth that on the 26th of November 1842,…

1Opinion of the CourtParker, C. J.

Several objections have been raised to the pleas filed in the original action, which we do not find it necessary to consider. They have been urged with great force and ability, and some of them would seem to be fatal, unless the replications are construed as admitting the validity of the discharge generally, by praying judgment against the property. The plaintiffs were entitled to such a j ndgment, only upon the ground that the defendants had a discharge in bankruptcy, and that such special judgment was necessary to enable them to avail themselves of their lien or security upon the property…

2Cases cited2 opinions

  1. Martin v. Hunter's LesseeSupreme Court of the United States · 1816
  2. Downer v. BrackettDistrict Court, D. Vermont · 1842

3Cited by1 opinion

  1. Colby v. LeddenSuperior Court of New Hampshire · 1845

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