Adrian Knitting Co. v. Wabash Railway Co.
Michigan Supreme Court
Error to Lenawee; Chester, J. Case by the Adrian Knitting Company against the Wabash Railway Company for the misdelivery of certain goods. There was judgment for plaintiff, and defendant brings error. February 1, 1903, Charles C. Pierce and Orville E. . Fox made an agreement for a copartnership to engage in manufacturing shoes at Adrian, Mich.
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Error to Lenawee; Chester, J. Case by the Adrian Knitting Company against the Wabash Railway Company for the misdelivery of certain goods. There was judgment for plaintiff, and defendant brings error. February 1, 1903, Charles C. Pierce and Orville E. . Fox made an agreement for a copartnership to engage in manufacturing shoes at Adrian, Mich. The agreement provided for an equal division of the profits and losses, and also provided that upon all moneys advanced by Charles C. Pierce over and above the amount advanced by Orville E. Fox, Pierce should be credited with interest at current rates.…
1Opinion of the CourtMontgomery, J.
(after stating the facts). Under-the findings it is clear that Fox had no authority to receive the goods from the defendant’s agent in Chicago.. The finding of the circuit judge that Fox had abandoned, his connection with the firm was supported by evidence, and it follows from this that he could not lie in wait and at each recurring opportunity seize the fruits of his former partner’s industry. The fact that Fox had been at one time a partner was not known to the defendant’s Chicago agent, so far as appears. The case cannot be rested upon any apparent authority of Fox growing out of his…
2Cases cited4 opinions
- Cavallaro v. Texas & Pacific Railway Co.California Supreme Court · 1895
- Weyand v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Iowa · 1888
- Louisville & Nashville R. R. v. BarkhouseSupreme Court of Alabama · 1892
- Sword v. YoungTennessee Supreme Court · 1890
3Cited by2 opinions
- Estherville Produce Co. v. Chicago, R. I. & P. R.Court of Appeals for the Eighth Circuit · 1932
- Stowe v. United States Express Co.Michigan Supreme Court · 1914