Clayton’s Notebook, 121 BENEDIC ANDERSON v. HADDEN SMITH. Court of Common Pleas of Delaware, Kent County. December, 1809. Goods are bound from the delivery of the writ to the sheriff. But in case of a fair, open and public sale made in good faith and for a valuable consideration before the execution executed, such sale […]
Articles Tagged: 121
ANONYMOUS, 1 Del. Cas. 614 (1819)
Clayton’s Notebook, 121 [ANONYMOUS.] Orphans’ Court of Delaware, New Castle County. April, 1819. Page 615 Decided in New Castle, CHANCELLOR RIDGELY, (Orphans’ Court) April, 1819, that the indorsers on an accommodation note might all be compelled to contribute alike.
FARMERS BANK v. SIMMONS, 1 Del. Cas. 615 (1819)
Clayton’s Notebook, 121 FARMERS BANK v. SIMMONS. Supreme Court of Delaware, New Castle County. March, 1819. Query. Whether a bank director be a good witness to prove notice to indorser of non-payment by drawer. Court divided. JOHNS thought Mr. Brinckle, the director, incompetent. JUSTICE DAVIS, contra. So he was admitted. Bill of exceptions.
GRAVINSTON v. FREEMAN, 1 Del. Cas. 102 (1796)
Wilson’s Red Book, 121[*] JOHN GRAVINSTON v. JOHN FREEMAN. Supreme Court of Delaware, Kent County. March, 1796. [*] This case is also reported in Clayton’s Notebook, 11, where the plaintiff’s name is spelled “Gavinston.” Fisher and Miller for plaintiff. Ridgely for defendant. This was an action of assumpsit commenced by the plaintiff, assignee, against defendant, […]
HARPER and HARRINGTON v. ___, 1 Del. Cas. 614 (1809-1819)
Clayton’s Notebook, 121 HARPER and HARRINGTON v. ___.[3] Court of Common Pleas of Delaware. c. 1809-1819. [3] Blank in manuscript. Indemnifying bond entered binds land from date of entry though no actual injury until long after. Received opinion here. Ex relatione T. Clayton.
ANONYMOUS, 1 Del. Cas. 615 (1819)
Clayton’s Notebook, 121 [ANONYMOUS.] Supreme Court of Delaware, New Castle County. 1819. Query. Case of accommodation note. Bank takes judgment bond of drawer without notice to indorser, with stay of execution for six months. Indorser discharged? Semble, yes. See my Esp.N.P. assumpsit Curia advisare vult. Same term [March, 1819]. Page 616
ANONYMOUS, 1 Del. Cas. 615 (1819)
Clayton’s Notebook, 121 [ANONYMOUS.] Supreme Court of Delaware, New Castle County. 1819. Query. Case of accommodation note. Bank takes judgment bond of drawer without notice to indorser, with stay of execution for six months. Indorser discharged? Semble, yes. See my Esp.N.P. assumpsit Curia advisare vult. Same term [March, 1819]. Page 616
MOLLESTON v. COOPER, 1 Del. Cas. 614 (1809-1819)
Clayton’s Notebook, 121 MOLLESTON v. COOPER. Court of Common Pleas of Delaware. c. 1809-1819. It has been determined in Delaware that a sheriff’s sale of lands is not within the Statute of Frauds and need not be in writing, on solemn argument in Molleston v. Cooper, which was for the purchase money, and plaintiff recovered. […]
ROBINSON v. SHANKLAND, 1 Del. Cas. 616 (1819)
Clayton’s Notebook, 121 ROBINSON v. SHANKLAND. Court of Common Pleas of Delaware, Sussex County. April 7, 1819. Resolved, where suit was brought by husband of an heiress, he was barred by Act of Limitations after six years, though feme within three years after coverture determined might sue for same cause Contra, Lofland v. Jackson, Supreme […]