Legal Opinion

Bodwell v. Eastman

Massachusetts Supreme Judicial Court

Decided March 15, 1871PublishedCited by 6 opinions

Contract against Edson C. Eastman and sixteen others, aa “ copartners transacting business at Boston in the county of Suffolk under the firm name of the Hew England Express Company,” on an account annexed for work done and materials furnished in August and September 1868. At the trial in the superior court, before Lord, J., there was proof that Eastman was a member of the executive committee of the association formed under the name of the Hew England Express Company under…

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Contract against Edson C. Eastman and sixteen others, aa “ copartners transacting business at Boston in the county of Suffolk under the firm name of the Hew England Express Company,” on an account annexed for work done and materials furnished in August and September 1868. At the trial in the superior court, before Lord, J., there was proof that Eastman was a member of the executive committee of the association formed under the name of the Hew England Express Company under the articles set forth in the report of the case of Taft v. Ward, ante, 518, but not that he was the owner of any shares…

1Opinion of the CourtMorton, J.

At the trial, it appeared that the defendant Eastman and others executed the articles of association of which a copy is annexed to the bill of exceptions, for the purpose of carrying on a general express business under the name of the New England Express Company. It has been decided that these articles created a copartnership between the parties who executed them. Taft v. Ward, ante, 518.

There was evidence tending to show that the company procured an office in Boston for its use, and fitted it up through its agents; and that the plaintiff performed the labor and furnished the arti cles for…

2Cited by6 opinions

  1. Phillips v. BlatchfordMassachusetts Supreme Judicial Court · 1884
  2. Boston & Albany Railroad v. PearsonMassachusetts Supreme Judicial Court · 1880
  3. Edwards v. Warren Linoline & Gasoline WorksMassachusetts Supreme Judicial Court · 1897
  4. Hunnewell v. Willow Springs Canning Co.Missouri Court of Appeals · 1893
  5. Hornberger v. OrchardNebraska Supreme Court · 1894

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