Administrator of Smith v. Smith
Supreme Court of Vermont
Assumpsit upon a promissory note, dated January 8, 1847, for eleven hundred and nine dollars, signed by the defendant and payable to the plaintiff’s intestate. Trial by jury, at the December Term, Í856, — Peck, J., presiding. The defendant’s testimony tended to show that for two years previous to the 8th of January, 1847, he had been a partner with Gardner G. Smith and John Smith in the foundry business.
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Assumpsit upon a promissory note, dated January 8, 1847, for eleven hundred and nine dollars, signed by the defendant and payable to the plaintiff’s intestate. Trial by jury, at the December Term, Í856, — Peck, J., presiding. The defendant’s testimony tended to show that for two years previous to the 8th of January, 1847, he had been a partner with Gardner G. Smith and John Smith in the foundry business. A new arrangement was then made between the members of said firm by which an additional partner was taken in and the defendant’s interest was increased from three-sixteenths to one-quarter,…
1Opinion of the Court
The opinion of the court was delivered by
Poland, J.
The evidence of the defendant, as stated in the exceptions, legally tended to prove that Gardner G. Smith had the general charge and oversight of the business of the ñrm, and especially of its finances, and that he had full means of ascertaining and knowing their financial condition. It also tended to prove that the defendant, from his not having been a member of the firm from its commencement, from his general inexperience in business, the fact that the general superintendence was taken by Gardner G. Smith, and especially from his absence…
2Cited by4 opinions
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- Engeman v. TaylorWest Virginia Supreme Court · 1899
- Wells v. HoustonCourt of Appeals of Texas · 1902
- Wilkinson v. DoddNew Jersey Court of Chancery · 1885