Johnson v. Boone's Administrator

Superior Court of Delaware

Johnson v. Boone's Administrator

2 Del. 172

DecidedJuly 5, 1837

StatusPublished

This text of 2 Del. 172 (Johnson v. Boone's Administrator) is published on Counsel Stack Legal Research, covering Superior Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Johnson v. Boone's Administrator, 2 Del. 172 (Del. Ct. App. 1837).

Pincite

Opinion

Per curiam.

Where there are distinct demands against a firm, and the individuals of the firm, if money of the partners be paid, though generally, it cannot be applied to the individual debt; and so, vice versa, a payment by the individual cannot be credited to the partnership account, unless there be evidence of consent. Roscoe Evid. 248-9. If this was a payment by Boone individually, the plaintiff must show his consent to the application he has made of it, or that such was at the time Boone’s intention; otherwise it must now be credited to the “ Hermit.” The draft was probably inclosed in a letter, and which would show, perhaps, on what account the money was paid.

Verdict for plaintiff.

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Per curiam.

Where there are distinct demands against a firm, and the individuals of the firm, if money of the partners be paid, though generally, it cannot be applied to the individual debt; and so, vice versa, a payment by the individual cannot be credited to the partnership account, unless there be evidence of consent. Roscoe Evid. 248-9. If this was a payment by Boone individually, the plaintiff must show his consent to the application he has made of it, or that such was at the time Boone’s intention; otherwise it must now be credited to the “ Hermit.” The draft was probably inclosed in a letter, and which would show, perhaps, on what account the money was paid.

Verdict for plaintiff.

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Bluebook (online)

2 Del. 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-boones-administrator-delsuperct-1837.