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6 S.C. Eq. 43

Peek v. Wakely

Court of Appeals of South Carolina · decided 1825-07-01

Ephraim Peek and Leverett Hubbard entered into copartnership, as merchant tailors, in JS'ew Haven in the year 1815. The capital stock of the firm was of which Peek advanced nothing, Hubbard the whole and Peek gave Hubbard his note for 11000. The firm ° . became insolvent, and surrendered, in 1816, all their goods, &c. to assignees ; and Hubbard’s private ty was sold.

Decided 1825-07-01

¶1After the argument Mr Justice Johnson delivered the opinion of the Court at length, which has been mislaid ; and the Reporter has not been able to recover it. However the Court held that Wakely took, subject to all the equities subsisting between Peek and Hubbard. The following certificate was given.'

¶2“ It is ordered and decreed, that a perpetual injunction do issue, to restrain defendant, Wakely, from proceeding on his recovery, at law, against the complainant, in the case stated in the bill, except as to thirty-five dollars, paid by Wakely to Hubbard, and the costs at law: and that each party pay their own costs in this case.”

¶3Decree reversed.

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