Bartlett v. Woodward
Supreme Court of Vermont
Trustee process. The plaintiff claimed that the trustee was indebted to the defendant for building a bridge in said town. The'defendant, who was also one of the claimants, and said Waterman claimed that said indebtedness was to them jointly, as partners.
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Trustee process. The plaintiff claimed that the trustee was indebted to the defendant for building a bridge in said town. The'defendant, who was also one of the claimants, and said Waterman claimed that said indebtedness was to them jointly, as partners. The commissioner reported as follows : “ It seems that the town of Lyndon built a bridge in the fall of 1867; that the contract was made by two of the selectmen, Ingalls and Sanborn, with the defendant, as the plaintiff claims, or with'Woodward & Waterman, a firm composed of the defendant and Daniel G. Waterman (a partnership formed expressly…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
The commissioner has found that the contract for building the bridge was entered into by the trustee with Woodward alone, without any knowledge that Waterman was tp share in the undertaking; and that Woodward and Waterman built the bridge together, under an agreement to share in the profit and loss, which makes them partners in the construction of the bridge. The commissioner has not directly found whether Woodward and Waterman were partners at the time the contract was entered into in the name of the town as one party,' and in the name of…
2Cases cited2 opinions
- Smith v. FosterSupreme Court of Vermont · 1864
- Towne v. LeachSupreme Court of Vermont · 1860
3Cited by3 opinions
- Willard v. WingSupreme Court of Vermont · 1897
- McNeal Pipe & Foundry Co. v. Inman Bros.Supreme Court of Vermont · 1896
- Hym v. TongHawaii Supreme Court · 1902