Canfield v. Hard
Supreme Court of Connecticut
This was a bill in chancery, stating, That the plaintiff and Epenetus Curtis, since deceased, being partners in trade at Bridgeport, in this state, on the 1st of September, 1821, agreed, that Curtis should obtain the office of deputy sheriff under the sheriff of Fairfield county, if it could be lawfully obtained by him; that he should devote as much of his time as should be necessary for the faithful execution of the office to the duties of it, while the plaintiff should…
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This was a bill in chancery, stating, That the plaintiff and Epenetus Curtis, since deceased, being partners in trade at Bridgeport, in this state, on the 1st of September, 1821, agreed, that Curtis should obtain the office of deputy sheriff under the sheriff of Fairfield county, if it could be lawfully obtained by him; that he should devote as much of his time as should be necessary for the faithful execution of the office to the duties of it, while the plaintiff should more especially devote his time to the concerns of the company in trade; that all the profits and losses arising from said…
1Opinion of the Court
Hosmer, Ch. J.
It is peculiarly observable, that the plaintiff has not alleged, that the partnership is insolvent, or that there are any debts due from it; nor has he averred, that the copartnership account between him and Curtis has ever been taken; or that there is a balance due to him from the company; or, indeed, any other facts, from which it appears, that he has an interest in the partnership funds.
I shall not discuss the question made concerning the legality of the agreement; nor the defence interposed by the defendants ; as my mind has come to the result, that admitting the…
2Cases cited4 opinions
- Nicoll v. MumfordNew York Court of Chancery · 1820
- Brewster v. HammetSupreme Court of Connecticut · 1823
- Rodriguez v. HeffernanNew York Court of Chancery · 1821
- Robbins v. CooperNew York Court of Chancery · 1822
3Cited by4 opinions
- Silberman v. BlodgettSupreme Court of Connecticut · 1926
- Houston v. StantonSupreme Court of Alabama · 1847
- Rice v. McMartinSupreme Court of Connecticut · 1873
- Weidlich v. WeidlichSupreme Court of Connecticut · 1964