Smith v. Burnham
U.S. Circuit Court for the District of Massachusetts
Bill in equity [by Frederick Smith against Daniel Burnham], This case bad already been before the court on an interlocutory matter. [Case No. 13,01S.] The bill stated, that “about the first of June, 1S34, the plaintiff and the defendant entered into an agreement, to become copartners in the business of purchasing and selling lands and lumber in the state of Maine,” upon a joint capital, to be furnished by both, and the profits and losses to be equally shared between them.
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Bill in equity [by Frederick Smith against Daniel Burnham], This case bad already been before the court on an interlocutory matter. [Case No. 13,01S.] The bill stated, that “about the first of June, 1S34, the plaintiff and the defendant entered into an agreement, to become copartners in the business of purchasing and selling lands and lumber in the state of Maine,” upon a joint capital, to be furnished by both, and the profits and losses to be equally shared between them. The bill then proceeded' to state, that certain purchases and sales of land and lumber (enumerating them), were made by…
1Opinion of the Court
STORY, Circuit Justice.
The main questions in the cause are, (1) in the first place, whether there was an agreement of general copartnership; (2) in the next place, whether any such advances or purchases were ever *466made in pursuance thereof, as are charged in the bill; (3) and, in the next place, whether, if there was any such agreement, it not being pretended to be in writing, but merely by parol, it is not utterly void within the statute of frauds. To enable the plaintiff to maintain his suit, it is indispensable that he should make out the affirmative upon each of these points; that there…
2Cases cited8 opinions
- Boyd v. M'LeanNew York Court of Chancery · 1815
- Steere v. SteereNew York Court of Chancery · 1820
- Bunnel v. Taintor's administratorSupreme Court of Connecticut · 1823
- Hess v. FoxNew York Supreme Court · 1833
- Sayre v. TownsendsNew York Supreme Court · 1836
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3Cited by36 opinions
- Wheeler v. . ReynoldsNew York Court of Appeals · 1876
- Finlen v. HeinzeMontana Supreme Court · 1905
- Fairchild v. . FairchildNew York Court of Appeals · 1876
- Hoge v. GeorgeWyoming Supreme Court · 1921
- Printup v. MitchellSupreme Court of Georgia · 1855
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