Legal Opinion

Hazard v. Hazard

U.S. Circuit Court for the District of Rhode Island

Decided November 15, 1840PublishedCited by 18 opinions

Bill in equity for the settlement of the accounts of an asserted partnership between the plaintiff [Thomas R. Hazard] and the defendant [Benjamin Hazard], and for a decree for payment of thé balance due to the plaintiff, &e.

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Bill in equity for the settlement of the accounts of an asserted partnership between the plaintiff [Thomas R. Hazard] and the defendant [Benjamin Hazard], and for a decree for payment of thé balance due to the plaintiff, &e. The answer denied the partnership, and stated expressly, that no partnership was intended between the parties; but that the defendant was, by an informal written instrument, annexed to the bill, and which was admitted to be the true agreement between the parties to have a certain portion of the profits of the business in lieu of, and as a compensation for, his services.…

1Opinion of the Court

STORY, Circuit Justice.

In the view which I take of this case, it is wholly unnecessary to go into the examination of several collateral matters, which are stated in the bill and answer and evidence, and which have been adverted to at the argument. The only question, which it appears to me is now before the court for consideration, is, whether under and in virtue of the informal agreement, in December, 1825, there was constituted a partnership between the parties for carrying on the factories. If there was, then there ought to be an interlocutory decree for an account. If there was not, then…

2Cases cited2 opinions

  1. Dob & Dob v. HalseyNew York Supreme Court · 1819
  2. Muzzy v. WhitneyNew York Supreme Court · 1813

3Cited by18 opinions

  1. Clarke v. WhiteSupreme Court of the United States · 1838
  2. Morgan v. FarrelSupreme Court of Connecticut · 1890
  3. Huggins v. HugginsSupreme Court of Georgia · 1903
  4. Elliott v. Murphy Timber Co.Oregon Supreme Court · 1926
  5. Kaufmann v. KaufmannSupreme Court of Pennsylvania · 1908

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