Sims v. Willing
Supreme Court of Pennsylvania
THE plaintiff, Joseph Sims, brought this action against T. M. Willing, surviving partner of the late firm of Francis, F. T. Sampayo, and H. T. Sampayo, to cover contribution to a general average on the cargo of ship Rebecca Sims, captured in October, 1812, by the British • ,r „ , . , . ’ . J , ship Southampton, and carried into Jamaica. As to the Messrs. Sampayo, the Sheriff returned Nihil habent.
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THE plaintiff, Joseph Sims, brought this action against T. M. Willing, surviving partner of the late firm of Francis, F. T. Sampayo, and H. T. Sampayo, to cover contribution to a general average on the cargo of ship Rebecca Sims, captured in October, 1812, by the British • ,r „ , . , . ’ . J , ship Southampton, and carried into Jamaica. As to the Messrs. Sampayo, the Sheriff returned Nihil habent. The case was tried before his honour, Judge Duncan, Nisi Prius, when a verdict was returned for the plaintiff for 3980 dollars 26 cents, subject to the opinion of the Court the evidence; from which…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson J.
The case submitted, is neither so full nor so satisfactory as-could be desired, but still enough appears to w rrant a legal inference that a partnership existed between Willing Francis, and the Sampayos. It is of no-consequence whether the flour was purchased on joint account or not, as a partnership may be formed by each contributing in specie, his portion of the article or thing in which the trade is to be carried on. A more material consideration is, that the whole was to be managed and sold on joint account, all equally participating in…
2Cited by1 opinion
- Rogers v. NicholsTexas Supreme Court · 1858