Whitney v. Reese & Heylin
Supreme Court of Minnesota
Tbis action was brought in tbe District Court for Ramsey county, to recover a balance alleged to be due upon an accounting between tbe plaintiffs and defendants. Issue was joined therein, tbe defendant, Heylin, only appearing in tbe action.
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Tbis action was brought in tbe District Court for Ramsey county, to recover a balance alleged to be due upon an accounting between tbe plaintiffs and defendants. Issue was joined therein, tbe defendant, Heylin, only appearing in tbe action. Tbe cause was tried by a referee, whose report of bis findings of facts and of law is as follows, to-wit: “That for sometime prior to tbe first day of January, A. D. 1847, but not afterwards, tbe defendants were co-partners doing business under tbe firm name of Reese & Heylin, and that during tbe same period said defendants, as such co-partners, and under…
1Opinion of the Court
By the Court
McMillan, J.
This action is brought upon the joint promise of the defendants as partners. The plaintiffs therefore must prove the joint contract, and recover against both defendants, or they cannot recover at all. Fitz v. Clark et al., 7 Minn. 217. By the finding of the referee, it appears that for some time prior to January 1, 1847, but not after-wards, the defendants were partners under the firm name of Reese & Heylin; that about the 11th day of November, 1845, the defendants at Philadelphia, executed to the plaintiffs their certain promissory note for $1,358 38, in consideration…
2Cases cited4 opinions
- Bell v. MorrisonSupreme Court of the United States · 1828
- Sands v. GelstonNew York Supreme Court · 1818
- Stafford v. BryanCourt for the Trial of Impeachments and Correction of Errors · 1829
- Fetz v. C. S. Clark & Co.Supreme Court of Minnesota · 1862
3Cited by7 opinions
- Coffin v. Board of Com'rsU.S. Circuit Court for the District of Kansas · 1902
- Russell & Co. v. DavisSupreme Court of Minnesota · 1892
- Conway v. WhartonSupreme Court of Minnesota · 1868
- Town v. WashburnSupreme Court of Minnesota · 1869
- Cotulla v. UrbahnTexas Supreme Court · 1911
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