Boston & Colorado Smelting Co. v. Smith
Supreme Court of Rhode Island
Assumpsit. Heard by tbe court under tbe following agreement : “ In tbis cause it is stipulated and agreed as follows : “ That the following questions be submitted to tbe court: “ Mrst. Whether or not tbe agreement between Mason, Chapin & Co. and William T. Smith, marked Exhibit A, is evidence of a copartnership between said Mason, Chapin & Go. and said ■ William T. Smith. “ Second.
Read the full summary
Assumpsit. Heard by tbe court under tbe following agreement : “ In tbis cause it is stipulated and agreed as follows : “ That the following questions be submitted to tbe court: “ Mrst. Whether or not tbe agreement between Mason, Chapin & Co. and William T. Smith, marked Exhibit A, is evidence of a copartnership between said Mason, Chapin & Go. and said ■ William T. Smith. “ Second. Whether or not, in view of the agreement under seal, signed by the plaintiff and the defendant, William T. Smith, marked Exhibit B, an action of assumpsit can be maintained against the defendants as for goods sold…
1Opinion of the CourtDureee, C. J.
This is an action of assumpsit for goods sold and delivered by the plaintiff corporation to the defendants, who are alleged to have been copartners in business at the time of their delivery. The names of the defendants are, first, William T. Smith, and, second, certain persons constituting the firm of Mason, Chapin & Co., to wit: E. Philip Mason, William P. Chapin, Charles S. Bush, and Samuel L. Peck. Two questions, one of which may be decisive of the case, are submitted to the court for determination, preliminarily to the full trial. The first is, whether the following agreement between the…
2Cases cited13 opinions
- Richardson v. . HughittNew York Court of Appeals · 1879
- Banorgee v. HoveyMassachusetts Supreme Judicial Court · 1809
- Smith v. KnightIllinois Supreme Court · 1873
- Williams v. SoutterSupreme Court of Iowa · 1858
- Broadwater v. DarneSupreme Court of Missouri · 1846
8 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Filippi v. FilippiSupreme Court of Rhode Island · 2003
- T.G. Plastics Trading Co. v. Toray Plastics Inc.District Court, D. Rhode Island · 2013