Foye v. Leighton
Superior Court of New Hampshire
Assumpsit, upon an account annexed, for labor and services. The defendants pleaded the general issue. Upon the trial, the defendants offered evidence, showing the manner in which the business was carried on in the brick yard in which the plaintiff labored, as tending to show that the interests of the two defendants . in the yard and business were entirely separate.
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Assumpsit, upon an account annexed, for labor and services. The defendants pleaded the general issue. Upon the trial, the defendants offered evidence, showing the manner in which the business was carried on in the brick yard in which the plaintiff labored, as tending to show that the interests of the two defendants . in the yard and business were entirely separate. The plaintiff then introduced evidence tending to show that the same method of conducting the business was adopted in other yards, of similar extent, where the business was carried on by one person only* or jointly by two or more…
1Opinion of the CourtEastman, J.
The defendants offered evidence showing the manner in which the business was conducted in the brickyard where the plaintiff labored, as tending to show that their interests in the business were separate, and that they were not in partnership.
This was competent. The manner of doing business in a brickyard, and preparing the brick for use and market, admits of a division of labor and of separate interests. One party may get out the clay, another may prepare the bricks ready for the kiln, and a third may superintend the burning; and there may still be other divisions. Each may have his separate…
2Cases cited5 opinions
- Stoever v. Lessee of WhitmanSupreme Court of Pennsylvania · 1814
- Snowden v. WarderSupreme Court of Pennsylvania · 1831
- Wood v. Hickok & HamiltonNew York Supreme Court · 1829
- Leavitt v. SimesSuperior Court of New Hampshire · 1823
- Paull v. LewisSupreme Court of Pennsylvania · 1835