Wright v. Herrick
Massachusetts Supreme Judicial Court
Tort against the sheriff of Essex for the alleged wrongful act of his deputy. At the trial in the Superior Court, before Pitman, J., without a jury, the following facts appeared: The plaintiffs attached certain personal property, on a writ against William W. Phillips and Edward Martin, as copartners, doing business under the name of Henry Phillips, on March 24, 1875. It was afterwards sold on mesne process, on a prior attachment, on a writ in favor of Edward Martin against…
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Tort against the sheriff of Essex for the alleged wrongful act of his deputy. At the trial in the Superior Court, before Pitman, J., without a jury, the following facts appeared: The plaintiffs attached certain personal property, on a writ against William W. Phillips and Edward Martin, as copartners, doing business under the name of Henry Phillips, on March 24, 1875. It was afterwards sold on mesne process, on a prior attachment, on a writ in favor of Edward Martin against Henry Phillips, which last named writ was never entered in court. The plaintiffs recovered judgment against William W.…
1Opinion of the CourtEndicott, J.
It appears from the bill of exceptions that the debts of the plaintiffs and Plumstead were contracted in the name of Henry Phillips, who had consented to the use of his name by William W. Phillips and Martin in making purchases. Both the plaintiffs and Plumstead trusted Henry Phillips, and the goods were sold on his credit. As to them, therefore, he was undoubtedly a partner, although as between himself and William W. Phillips and Martin he had no interest. He was the nominal and ostensible partner, and the use of his name rendered him liable both to the plaintiffs and to Plumstead. Ex parte…
2Cited by6 opinions
- Mass. Building Finish Co. v. BrennerMassachusetts Supreme Judicial Court · 1934
- Lawrence v. BatchellerMassachusetts Supreme Judicial Court · 1881
- Pinschower v. HanksNevada Supreme Court · 1883
- Wright v. HerrickMassachusetts Supreme Judicial Court · 1880
- Sullivan v. LangleyMassachusetts Supreme Judicial Court · 1880
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