Dow v. Sayward
Superior Court of New Hampshire
Assumpsit for a note for $111.34, dated June 7, 1826, made by one John Sayward and the defendant, and drawn payable to Jabez Dow, the plaintiff’s intestate, or his order, on demand and interest. The writ was dated July 22, 1839, Plea, the general issue and the statute of limitations. A report of a former trial of the ease may be found 12 N. H. Rep. 271. Some further evidence was offered on this trial.
Read the full summary
Assumpsit for a note for $111.34, dated June 7, 1826, made by one John Sayward and the defendant, and drawn payable to Jabez Dow, the plaintiff’s intestate, or his order, on demand and interest. The writ was dated July 22, 1839, Plea, the general issue and the statute of limitations. A report of a former trial of the ease may be found 12 N. H. Rep. 271. Some further evidence was offered on this trial. It appeared that Jabez Dow died on the 9th of January, 1839, and that he resided at Dover. The defendant had never been an inhabitant of this state, but he offered the following evidence, for…
1Opinion of the CourtParker, C. J.
The owners of the stage property appear to be partners, not only as respects those dealing with them, but as respects each other. Chitty on Contracts. (5 Am. Ed.) 232, and cases cited ; Cota on Partnership 2, and note. They share the profit and' loss of the business' in proportion to their respective interests, and there is nothing to negative an intention on their part that their association should constitute a partnership and that their rights and liabilities should be regulated accordingly, not only as to third persons but as between themselves.
Such being the case, the interest of each…
2Cases cited2 opinions
- Morrison v. BlodgettSuperior Court of New Hampshire · 1836
- Sissons v. BicknellSuperior Court of New Hampshire · 1834
3Cited by2 opinions
- Olbres v. Hampton Cooperative BankSupreme Court of New Hampshire · 1997
- Hill v. WigginSuperior Court of New Hampshire · 1855