Smith v. Collins
Massachusetts Supreme Judicial Court
Contbact against Abram. W. Collins, Amos M. Drake and Norman F. Newton, to recover the sum of $7000, and the sum of $12,000, alleged to have been lent to them as copartners by the plaintiff. Newton made no defence. The defendants Collins and Drake in their answers denied that they were partners with Newton. At the trial in this court, before Wells, J., the jury found for the plaintiff, and a bill of exceptions was allowed.
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Contbact against Abram. W. Collins, Amos M. Drake and Norman F. Newton, to recover the sum of $7000, and the sum of $12,000, alleged to have been lent to them as copartners by the plaintiff. Newton made no defence. The defendants Collins and Drake in their answers denied that they were partners with Newton. At the trial in this court, before Wells, J., the jury found for the plaintiff, and a bill of exceptions was allowed. On a motion for a new trial, the verdict was set aside as to Collins, and so much of the bill of exceptions as bears upon the question of the liability of Drake, is in…
1Opinion of the CourtColt, J.
The verdict was against Collins and Drake, as part ners of Newton in the cattle business. It has been set aside «t against the weight of evidence as to Collins on a motion for a new trial. The exceptions remain to be disposed of as to Drake, the vnly other party defending.
*398The plaintiff sues for money lent on two occasions to the firm. The first money was paid by him to Drake, the last to Newton. Drake gave the plaintiff a check signed by himself and Newton in their individual names, which the plaintiff testified was a memorandum check to be held by him until the money was repaid. This check…
2Cases cited1 opinion
- Winship v. the Bank of the United StatesSupreme Court of the United States · 1831
3Cited by23 opinions
- Sondheim v. GilbertIndiana Supreme Court · 1888
- Hillyer v. DickinsonMassachusetts Supreme Judicial Court · 1891
- Mills v. RiggleSupreme Court of Kansas · 1911
- Taft v. ChurchMassachusetts Supreme Judicial Court · 1895
- Smith v. Stock Yards Loan Co.Supreme Court of Oklahoma · 1939
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