Legal Opinion

Feigley v. Whitaker

Ohio Supreme Court

Decided December 6, 1872PublishedCited by 4 opinions

Error to the District Court of Perry county. The original action was brought in the Court of Common Pleas of Perry county, by John C. Whitaker, against Samuel Eeigley as the survivor of James E. Davis, partners of the late firm of Eeigley & Davis.

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Error to the District Court of Perry county. The original action was brought in the Court of Common Pleas of Perry county, by John C. Whitaker, against Samuel Eeigley as the survivor of James E. Davis, partners of the late firm of Eeigley & Davis. The action was brought for money loaned ; and the petition alleges that the plaintiff, “on the 15th day of February, 1866, while said James E. Davis was in full life, and while said partnership was in existence and doing business ■as such, he, at the request of said firm, through one of its members, James E. Davis, lent to said firm two hundred…

1Opinion of the CourtMcIlvaine, J.

On the trial in the Court of Common Pleas, the plaintiff offered testimony tending to prove, that, In the year 1865, the firm of Eeigley & Davis was doing: business as merchants and produce dealers, at New Lexington, Ohio; that the business of the firm was uuder the general management and control of James E. Davis, one of the members of the firm ; that the defendant, the other member, resided at Cincinnati, and occasionally visited their place of business; that, during the summer of 1865, the plaintiff:* was engaged in buying wool at said town;. that he kept his wool money on deposit with…

2Cases cited5 opinions

  1. Bell v. MorrisonSupreme Court of the United States · 1828
  2. Hackley v. PatrickNew York Supreme Court · 1808
  3. Smith v. LudlowNew York Supreme Court · 1810
  4. Joslyn v. SmithSupreme Court of Vermont · 1841
  5. Weed v. TerryMichigan Supreme Court · 1846

3Cited by4 opinions

  1. Carter v. RossOhio Circuit Courts · 1894
  2. Fry v. SmithOhio Supreme Court · 1899
  3. Massie v. MassieOhio Court of Appeals · 1951
  4. McConville v. LeeOhio Supreme Court · 1877

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