Chamberlin v. Fisher
Michigan Supreme Court
Error to Livingston; Smith, J. Assumpsit by Marvin H. Chamberlin and others, co-partners as M. H. Chamberlin & Co., against Daniel Fisher and Oscar D. Weller, for goods sold and delivered. From a judgment for plaintiffs, defendants bring error.
1Opinion of the CourtMontgomery, J.
The plaintiffs are distillers. The defendant Fisher is a saloon keeper at Fowlerville. Liquors were sold and delivered by the plaintiffs to Fisher from 1895 to August, 1897, and on these sales a balance was found by the jury to be due, amounting to $334.44. The principal question in controversy on the trial was whether the defendant Weller was a partner of Fisher in the business. There was abundant testimony tending to show, not only a holding out of Weller as a partner to plaintiffs’ *429agent, but a partnership in fact. The questions arising on this testimony were properly submitted to the…
2Cases cited3 opinions
- Webber v. DonnellyMichigan Supreme Court · 1876
- Armstrong v. PotterMichigan Supreme Court · 1894
- Gambs v. Estate of SutherlandMichigan Supreme Court · 1894
3Cited by2 opinions
- Harbison v. ShirleySupreme Court of Iowa · 1908
- Rundle-Spence Manufacturing Co. v. JakopichekWisconsin Supreme Court · 1930