Legal Opinion

Pond v. Smith

Supreme Court of Connecticut

Decided July 15, 1822PublishedCited by 17 opinions

This was a bill in chancery. In November, 1816, the plaintiff, with Smith & Hubbell of New-York, built a schooner, called the Ellen Tooker, by an agreement with one Abraham Riviere, a carpenter, at an expense of 4,800 dollars for the hull; to be owned, when completed, one half, by Smith & Hubbell, and the other half, by the plaintiff. They finished her, at an expense, with the cost of building, of 10,025 dollars. She was designed for a voyage of enterprize.

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This was a bill in chancery. In November, 1816, the plaintiff, with Smith & Hubbell of New-York, built a schooner, called the Ellen Tooker, by an agreement with one Abraham Riviere, a carpenter, at an expense of 4,800 dollars for the hull; to be owned, when completed, one half, by Smith & Hubbell, and the other half, by the plaintiff. They finished her, at an expense, with the cost of building, of 10,025 dollars. She was designed for a voyage of enterprize. Smith & Hubbell were to make all the advances, keep the accounts, and manage the concerns of the schooner, while in New-York; and the…

1Opinion of the CourtBristol, J.

The object of this bill is to apply a separate demand in favour of Adam Pond, individually, against Smith & Hubbell, to the satisfaction of a demand in favour of Smith & Hubbell against Charles H. & A. Pond jointly. This application is founded on the insolvency of Smith & Hubbell, which is alleged in the bill, and found by the committee. As a separate demand in favour of C. H. & A. Pond, against Smith & Hubbell, could not be applied at law, by way of set-off, to the demand in favour of Smith & Hubbell against the two Ponds, it would be inequitable, that the former should recover satisfaction…

2Cited by17 opinions

  1. City of Chicago v. Union Stock Yards & Transit Co.Illinois Supreme Court · 1896
  2. Smith v. . FeltonNew York Court of Appeals · 1871
  3. Dunnett v. ThorntonSupreme Court of Connecticut · 1900
  4. Marshall v. CooperCourt of Appeals of Maryland · 1875
  5. Goodwin v. KeneySupreme Court of Connecticut · 1882

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