Kellogg v. Fox & Minogue
Supreme Court of Vermont
Trover for a quantity of slate mantels. Plea, the general issue, and trial by the court, March term, 1871, Wheeler, J., presiding. On the first day of September, 1870, and for some time previous thereto, the plaintiff, with one Patrick. Burke, was engaged in the manufacture and sale of slate mantels, and other slate goods, at Fair Haven, in the county of Rutland, as equal partners, under the firm name of Burke & Kellogg.
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Trover for a quantity of slate mantels. Plea, the general issue, and trial by the court, March term, 1871, Wheeler, J., presiding. On the first day of September, 1870, and for some time previous thereto, the plaintiff, with one Patrick. Burke, was engaged in the manufacture and sale of slate mantels, and other slate goods, at Fair Haven, in the county of Rutland, as equal partners, under the firm name of Burke & Kellogg. On that day, the plaintiff sold to the defendants, conditionally, all his interest in said business, and the property belonging to said firm, including all the debts due the…
1Opinion of the Court
The opinion of the court was delivered by
Peck, J.
When the plaintiff sold his interest in the property and business of the copartnership of himself and Burke to the defendants, Burke still retaining his interest in the business, the stipulation in that contract of sale, that the property thereby sold should remain the property of the plaintiff till the balance of the price was paid, the reservation of ownership, was only of the plaintiff’s interest therein as former partner with Burke. By the transaction the plaintiff ceased to be a partner, and the defendants became partners with Burke ; and…
2Cited by2 opinions
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- Olin v. MartellSupreme Court of Vermont · 1910