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William J. Mclean And John M. Bass, Executors Of Henry R. W. Hill, Deceased, The Said Henry R. W. Hill And William J. Mclean Being The Surviving Partners Of The Firm Of N. And J. Dick And Co., Appellants, v. James L. Meek, Administrator Of Jos

1855 • 59 U.S. 16 • Taney Court
In the case of William J. McLean and John M. Bass, Executors of Henry R. W. Hill, Deceased v James L Meek, Administrator of Jos., the appellants were seeking to recover a debt owed by Jos to N & J Dick & Co., which was a partnership between Henry R W Hill and William J Mclean prior to his death in 1853. The court found that although there had been an agreement between Jos and N & J Dick & Co for payment on certain terms, it was not binding as no consideration had passed from either party at the...Open Case
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Oh No!
Chief Taney Court
Term: 1855
59 U.S. 16
15 L. Ed. 277
1855 U.S. LEXIS 652

William J. Mclean And John M. Bass, Executors Of Henry R. W. Hill, Deceased, The Said Henry R. W. Hill And William J. Mclean Being The Surviving Partners Of The Firm Of N. And J. Dick And Co., Appellants, v. James L. Meek, Administrator Of Jos

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Opinion Summary
AI Abstract

In the case of William J. McLean and John M. Bass, Executors of Henry R. W. Hill, Deceased v James L Meek, Administrator of Jos., the appellants were seeking to recover a debt owed by Jos to N & J Dick & Co., which was a partnership between Henry R W Hill and William J Mclean prior to his death in 1853. The court found that although there had been an agreement between Jos and N & J Dick & Co for payment on certain terms, it was not binding as no consideration had passed from either party at the time when it was made; therefore no contract existed between them so they could not be held liable for any debt incurred under such an agreement. Furthermore, even if there had been a valid contract in place at some point before or after Mr Hill's death in 1853, this would have become void upon his passing due to lack of capacity on behalf of one partner - thus rendering any claim against him invalid too. Ultimately then the court ruled that neither party could be held responsible for repayment since no legally binding obligation existed between them

Dissent Summary
AI Abstract

In the case of William J. McLean and John M. Bass, Executors of Henry R. W. Hill, Deceased v James L Meek, Administrator of Jos., the dissenting opinion argued that a partnership agreement between N & J Dick and Co (the appellants) and Jos (the respondent) was not valid due to lack of consideration on behalf of Jos as he had already been employed by N & J Dick prior to entering into the agreement in question. The dissent further argued that since there was no new consideration given for this contract it should be considered voidable at any time by either party involved in it; therefore, the court should have found in favor of the respondent rather than upholding an invalid contract which would only serve to benefit one side over another without any legal basis or justification for doing so.

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