Everitt v. Chapman
Supreme Court of Connecticut
This was an action of book debt, brought by the plaintiffs against Isaac Chapman and Russel Mott, as surviving partners of the defendants and Henry R. Mott, deceased.
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This was an action of book debt, brought by the plaintiffs against Isaac Chapman and Russel Mott, as surviving partners of the defendants and Henry R. Mott, deceased. The cause was tried at Litchfield, August term, 1826, before Daggett, J. The plaintiffs claimed to recover of the defendants 891 dollars, 11 cents, and the interest, for a quantity of hides, delivered in September, 1822. It was agreed, that the hides were delivered in compliance with the letter of H. R. Mott, deceased, which was as follows: “Colebrook, September, 1822. Messrs. Thomas Everitt & Son, I send you enclosed 75…
1Opinion of the CourtDaggett, J.
It was suggested, by the counsel for the defendants, though not pressed, that it should have been left to the jury to decide, whether the defendant Chapman, was a partner. Surely, it was a question of law, and therefore, within the province of the court to decide, whether by the articles recited and the facts admitted, a partnership, which subjected the partners to this debt, existed. There being no fact in controversy, it was the undoubted duty of the judge to state to the jury whether the defendants were liable, as partners.
It was further suggested, that the plaintiffs trusted Henry R.…
2Cited by19 opinions
- Beecher v. BushMichigan Supreme Court · 1881
- Loomis v. MarshallSupreme Court of Connecticut · 1837
- Morgan v. FarrelSupreme Court of Connecticut · 1890
- Waggoner v. First National BankNebraska Supreme Court · 1894
- Parchen v. AndersonMontana Supreme Court · 1885
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