Spear & Carlton v. Newell
Supreme Court of Vermont
THE orators' bill stated, in substance, that they, on the one part, and the defendant, on the other, on the third of October, 1828, by articles in writing, not under seal, entered into a copartnership for manufacturing and selling paper; by which articles it was stipulated that the orators were to purchase all the necessary stock for the paper mill, and pay all the laborers and expenses, and were to receive all the paper and market the same for a cert'ain commission; that,…
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THE orators' bill stated, in substance, that they, on the one part, and the defendant, on the other, on the third of October, 1828, by articles in writing, not under seal, entered into a copartnership for manufacturing and selling paper; by which articles it was stipulated that the orators were to purchase all the necessary stock for the paper mill, and pay all the laborers and expenses, and were to receive all the paper and market the same for a cert'ain commission; that, at the expiration of the copartnership, the orators were to sell the remaining stock and collect the debts, and then were…
1Opinion of the Court
*292The opinion of the court was delivered by
Collamer, J.
These parties were co-partners, the orators being jointly interested in one half of the partnership,- and the defendant in the other. The .orators were the active partners, the recipients of all the property and avails of the concern; but, it being an unprofitable and losing concern, there is a balance due the orators, from the defendant, and, to ascertain this balance, which has not been done, and to close the concern and recover the balance, this bill is filed.
The articles of co-partnership were not under seal, and, therefore, no action…
2Cited by15 opinions
- Cox v. StricklandSupreme Court of Georgia · 1904
- Smith v. McNealSupreme Court of the United States · 1883
- Rose v. BradleyWisconsin Supreme Court · 1895
- Martin v. StubbingsAppellate Court of Illinois · 1886
- Fairbanks v. DevereauxSupreme Court of Vermont · 1886
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