Strong v. Preserved Fish
Supreme Court of Vermont
Assumpsit, in favor of the plaintiff as surviving partner of the firm of Royce &. Strong, attorneys and counsellors at law, for professional services rendered by said firm to the defendant. The plaintiff and Rodney C. Royce, deceased, composed said firm. Plea, non assumpsit. Issue to the court.
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Assumpsit, in favor of the plaintiff as surviving partner of the firm of Royce &. Strong, attorneys and counsellors at law, for professional services rendered by said firm to the defendant. The plaintiff and Rodney C. Royce, deceased, composed said firm. Plea, non assumpsit. Issue to the court. On the trial below, the defendant offered testimony tending to prove that an agreement was made between the defendant and said Royce, that the charges for said services, part of which had been rendered previously to said agreement, and the remainder afterwards, should be applied and indorsed upon a…
1Opinion of the Court
The opinion of the court was delivered by
Bennett, J.
The act, or agreement, of one partner, with reference to, and in the course of, the partnership business, and in the management thereof, is, in point of law, the act or agreement of the firm, and binding upon them, although it may violate some private arrangement between them. If, however, the matter is wholly disconnected from the business of the firm, the rule is otherwise. But the present is not a case where one partner has pledged the credit of the firm for the payment of a debt, contracted in a matter beyond the scope of the…
2Cases cited1 opinion
- Davison v. GreenSupreme Court of Vermont · 1826
3Cited by6 opinions
- Eady v. Newton Coal & Lumber Co.Supreme Court of Georgia · 1905
- Gleason v. AllenSupreme Court of Vermont · 1855
- Taylor v. RaschDistrict Court, E.D. Michigan · 1871
- Tyler v. ScottSupreme Court of Vermont · 1873
- Eaton v. WhitcombSupreme Court of Vermont · 1845
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