Bromley v. Elliot
Supreme Court of New Hampshire
Assumpsit against the defendants, as late partners, jointly doing business under tbe firm name of S. Hovey, to recover the amount of tbe account annexed to tbe writ, for divers goods alleged to have been sold and delivered to Hovey for tbe use of tbe firm, and also the amount of a promissory note, given by said Hovey on tbe 5th day of November, 1856, payable to tbe order of tbe plaintiffs, six months after date, for tbe sum of $174.96, being tbe amount of a bill of goods…
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Assumpsit against the defendants, as late partners, jointly doing business under tbe firm name of S. Hovey, to recover the amount of tbe account annexed to tbe writ, for divers goods alleged to have been sold and delivered to Hovey for tbe use of tbe firm, and also the amount of a promissory note, given by said Hovey on tbe 5th day of November, 1856, payable to tbe order of tbe plaintiffs, six months after date, for tbe sum of $174.96, being tbe amount of a bill of goods that day sold and delivered by tbe plaintiffs to Hovey, for tbe use of tbe firm, as alleged. Hovey was defaulted, and…
1Opinion of the CourtBell, J.
We regard the law as settled in this State, that where two men are jointly concerned in any transaction, under an agreement to share between them the profits of the business indefinitely, they must be considered as partners in the transaction. It was distinctly so decided in the ease of Brown v. Robbins, 3 N. H. 65; and the court cite, in support of the decision, Dob v. Halsey, 16 Johns. 34; Waugh v. Carver, 2 H. B. 235; Grace v. Smith, 2 W. B. 988; Coope v. Eyre, 1 H. B. 43; Hoare v. Dawes, Doug. 373; Walden v. Sherburn, 15 Johns. 422. It was an action brought to charge two persons as…
2Cases cited12 opinions
- Dob & Dob v. HalseyNew York Supreme Court · 1819
- Walden v. SherburneNew York Supreme Court · 1818
- Livingston v. RooseveltNew York Supreme Court · 1809
- Bank of Rochester v. MonteathCourt for the Trial of Impeachments and Correction of Errors · 1845
- Catskill Bank v. Horace Gray & the Ulster Iron Co.New York Supreme Court · 1851
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3Cited by1 opinion
- Roby v. DaySupreme Court of Oklahoma · 1981