Gibson v. M. E. Smith & Co.
Nebraska Supreme Court
Error to the district court for Douglas county. Tried ¡below before Geoff, J. Community of both profits and losses is essential to partnership. (3 Kent Com., 23; Post v. Kimberly, 9 Johns. [N. Y.], 495; Banohor v. Lilly, 38 Me., 555; Buckner v. Lee, 8 Ga., 288; Tibbatts v. Tibbatts, 6 McLean [U. S. C. C.], 82.) Mere profit sharing is no longer a test.
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Error to the district court for Douglas county. Tried ¡below before Geoff, J. Community of both profits and losses is essential to partnership. (3 Kent Com., 23; Post v. Kimberly, 9 Johns. [N. Y.], 495; Banohor v. Lilly, 38 Me., 555; Buckner v. Lee, 8 Ga., 288; Tibbatts v. Tibbatts, 6 McLean [U. S. C. C.], 82.) Mere profit sharing is no longer a test. (Cox v. Hickman, 8 H. L. Cas. :[Eng.], 268; 1 Lindley, Partnership, 42; Collyer, Partnership, 7, note 9; Parsons, Partnership [2d Ed.], 73; ■Story, Partnership [6th Ed.], 49 and note; Burckle v. Eckert, 1 Denio [N. Y.], 337; Denny v. Cabbatt, 6…
1Opinion of the CourtMaxwell, J.
Before proceeding to the consideration of this case we desire to call attention to certain certificates of the clerk of *356the district court. We find five such certificates, the last being dated August 24, 1889, which is the only certificate required in the ease. In addition to the foregoing, however, we find a certificate dated August 5, 1889, to a stipulation of the attorneys, also a like certificate of that date to another stipulation, and a like certificate of that date to a third stipulation, and a like certificate of that date to a fourth stipulation of the attorneys. Here are four…
2Cases cited6 opinions
- Leggett v. . HydeNew York Court of Appeals · 1874
- Burnett v. . SnyderNew York Court of Appeals · 1880
- Strader v. WhiteNebraska Supreme Court · 1873
- Holbrook v. Oberne, McDanield & Co.Supreme Court of Iowa · 1881
- Citizens' National Bank v. HineSupreme Court of Connecticut · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hughes v. EwingSupreme Court of Missouri · 1901
- Waggoner v. First National BankNebraska Supreme Court · 1894
- Sheldon v. LittleSupreme Court of Vermont · 1940
- Ætna Insurance v. Bank of WilcoxNebraska Supreme Court · 1896
- Whitney v. Gretna State BankNebraska Supreme Court · 1897