Fellows v. Wyman
Supreme Court of New Hampshire
Assumpsit on a promissory note, dated April 1, 1851, for $721, signed by the defendant, and payable to Wyman & Gear, or order, on demand, with interest, and by them endorsed to the plaintiff. The writ was dated September 11, 1854. Plea, the general issue.
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Assumpsit on a promissory note, dated April 1, 1851, for $721, signed by the defendant, and payable to Wyman & Gear, or order, on demand, with interest, and by them endorsed to the plaintiff. The writ was dated September 11, 1854. Plea, the general issue. It appeared in evidence that Wyman & Gear were doing business in Concord as butchers, and on the 1st of April, 1851, sold out their stock of meat and other property to the defendant, and their note was given in part consideration for the same ; that Wyman & Gear quit business at that time as partners, and have not done any together since ;…
1Opinion of the Court
Perley, O. J.*
The dissolution of a partnership may be implied from circumstances. Story on Part., sec. 272. And a firm is dissolved by the destruction of the thing which is the sub*356ject of the partnership. Story on Part., secs. 280, 281. Bes vero intereunt cum aut nuiles relinquantur aut conditionem mutaverint. Wyman & Gear had sold out their stock, discontinued their business, and made arrangements for the settlement of the partnership transactions. Here was evidence at least from which the jury might infer a dissolution; and for the purposes of this case the partnership must be taken to have…
2Cases cited4 opinions
- Dob & Dob v. HalseyNew York Supreme Court · 1819
- Sanford v. MicklesNew York Supreme Court · 1809
- Smith v. LongCourt of Appeals of Kentucky · 1859
- Waite v. FosterSupreme Judicial Court of Maine · 1851