58 N.H. 183
Supreme Court of New Hampshire
Decided August 5, 1877
Supreme Court of New Hampshire · decided 1877-08-05
Assumpsit, by C. H. Chase and S. H. Chase, partners, for goods sold. After the sale of the plaintiffs’ goods to the defendant, C. II. Chase and the defendant agreed that f 150 of the price should be paid by the defendant’s allowing that sum in payment of a debt of that amount due to him from C. H. Chase : and that agreement was executed, the defendant acting in good faith.
Cited by 4 later decisions — most recently December 1889
4 state decisions
Relies on Greeley v. Wyeth
Good law ✅— No negative treatment on recordhow we know
Decided 1877-08-05
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¶1 An action at law cannot be maintained by copartners to recover a debt which has been discharged by one of them, and paid by a set-off of his separate debt with his assent, when the defendant *184 acted in good faith. Homer v. Wood, 11 Cush. 62; Williams v. Brimhall, 13 Gray 462; Tay v. Ladd, 15 Gray 296; Greeley v. Wyeth, 10 N. H. 15.
¶2 Case discharged.