Cook v. Carpenter
Supreme Court of Vermont
General Assumpsit. The declaration contained the common counts. The ease was referred under a rule of court by agreement of parties, and was tried by the court on the report of the referees, at the September term, 1861, Pierpoint, J., presiding.
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General Assumpsit. The declaration contained the common counts. The ease was referred under a rule of court by agreement of parties, and was tried by the court on the report of the referees, at the September term, 1861, Pierpoint, J., presiding. The -referees reported that the plaintiff and the defendant, Hiram Cook, previous to the first of September A. D., 1857, had been engaged as partners fSr two or three years, in the business of buying cattle and hogs in the town of Huntington and vicinity, for the Boston market, — that about the first of September, A. D. 1857, the plaintiff and Hiram…
1Opinion of the Court
Poland, Ch. J.
The plaintiff, in this action of general assumpsit, claims to recover the amount he was compelled to pay upon the note given to the bank, signed by himself, and the other two defendants, upon the ground that the other defendants were the principals, and he their surety. The defendant Carpenter claims that the plaintiff and defendants were partners, and that this note was given to raise funds to carry on the partnership business; that the signers all stood as principals on the note, and that the matter can be adjusted properly, only by some proceeding proper to settle the whole…
2Cited by10 opinions
- In Re Robinson/Keir PartnershipSupreme Court of Vermont · 1990
- Wade v. HornadaySupreme Court of Kansas · 1914
- Windham Provident Institution for Savings v. SpragueSupreme Court of Vermont · 1871
- Houghton v. GrimesSupreme Court of Vermont · 1926
- Tarbell & Whitham v. GiffordSupreme Court of Vermont · 1909
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