Gutheil v. Gilmer
Utah Supreme Court
Appeal from the Third District Court, Salt Lake County.— Hon. A. N. Cherry, Judge. Action upon a contract in wbieb it was sought to establish the individual liability of defendant S. as a partner in the firm of Gr. S. & Co. From a judgment for defendant, plaintiff appealed.
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Appeal from the Third District Court, Salt Lake County.— Hon. A. N. Cherry, Judge. Action upon a contract in wbieb it was sought to establish the individual liability of defendant S. as a partner in the firm of Gr. S. & Co. From a judgment for defendant, plaintiff appealed. “Where a member of a co-partnership gives a note in the co-partnership name, the presumption is that it is given for partnership purposes; and the burden of proof is upon the co-partnership to show the contrary.” Littell v. Eitch, 11 Mich. 525; Carrier v. Cameron, 31 Mich. After the fact of a partnership is proved by other…
1Opinion of the Court
BABTCH, O. J.
This is an action upon contract, brought by the administratrix of the estate of Moroni K. Williams, deceased, against the defendants as partners doing business under the firm name of Gilmer, Salisbury & Company, to recover $5,500. The suit, in fact, is against the defendant O. J. Salisbury as a partner of the firm, he being the only one upon whom summons was served.
In the complaint it is alleged, in substance, that, on November 20, 1882, the defendants, as co-partners, entered into a contract with the plaintiffs intestate, Moroni B. Williams, by the terms of which the defendants…
2Cited by2 opinions
- Guthiel v. GilmerUtah Supreme Court · 1904
- Peterson v. ArmstrongUtah Supreme Court · 1901