Skillings v. Coolidge
Massachusetts Supreme Judicial Court
This was a writ of error, brought to reverse a judgment rendered by the Circuit Court of Common Pleas in this county, March, 1813, upon a report of certain referees, appointed under the provisions of the statute of 1786, c. 21. The demand annexed to the original submission was, “ N. W. Skillings to Coolidge &f Oliver, Dr. To balance due this day, as per accounts exhibited referees, 15,000 dollars,” and was subscribed “ Francis J. Oliver, for self and Cornelius Coolidge,” and…
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This was a writ of error, brought to reverse a judgment rendered by the Circuit Court of Common Pleas in this county, March, 1813, upon a report of certain referees, appointed under the provisions of the statute of 1786, c. 21. The demand annexed to the original submission was, “ N. W. Skillings to Coolidge &f Oliver, Dr. To balance due this day, as per accounts exhibited referees, 15,000 dollars,” and was subscribed “ Francis J. Oliver, for self and Cornelius Coolidge,” and was dated the 10th of March, 1813. The submission was of the demand ánnexed, and of all other demands between the…
1Opinion of the CourtParker, C. J.
The first error assigned in this case is, that the demand, upon which the submission to referees was made, was not signed by the parties demanding against the plaintiff in error. The said Coolidge &f Oliver were partners in trade, and a signing by one, of any contract touching the partnership concerns, not under seal, would bind both. This may be considered, therefore, a signing by both, if that were necessary to give validity to the submission. But the signing by one only of two partners, as he would have authority to submit for both, we think would sufficiently comply with the statute, (a)
*45Th…
2Cases cited2 opinions
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