Legal Opinion

Blake v. Langdon

Supreme Court of Vermont

Decided April 15, 1847PublishedCited by 13 opinions

Appeal from the court of chancery. The orators alleged, in their bill, that a copartnership formerly existed, at Middlesex, between the orator Blake and the defendant Hart, Blake furnishing the capital stock and Hart being the active partner; that while they were thus doing business Blake executed a contract in writing, at ¡the request of Hart, in these words; — “ Boston, November 25,1830. f This certifies, that I have agreed with Moses L. Hart to let him ‘have all the…

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Appeal from the court of chancery. The orators alleged, in their bill, that a copartnership formerly existed, at Middlesex, between the orator Blake and the defendant Hart, Blake furnishing the capital stock and Hart being the active partner; that while they were thus doing business Blake executed a contract in writing, at ¡the request of Hart, in these words; — “ Boston, November 25,1830. f This certifies, that I have agreed with Moses L. Hart to let him ‘have all the profits of the business of Blake & Hart at Middlesex, and by his paying me $950,00 each year, the time to begin in ‘…

1Opinion of the Court

The opinion of the court was delivered by

Bedfield, J.

This is a case where there has been considerable controversy, whether the court should regard the contract, or contracts, between Blake and Hart, under which they carried on their business, as so far binding, in equity, as to form the proper basis upon which to decree a set-off in the present case.

1. Without going at all into the nature of that contract, — which seems to have been understandingly made and voluntarily executed *491upon both sides, — it will be sufficient, for the present purpose, to say, that the nature and binding force of that…

2Cases cited2 opinions

  1. Downer v. DanaSupreme Court of Vermont · 1845
  2. Ferris v. BurtonSupreme Court of Vermont · 1829

3Cited by13 opinions

  1. Carroll v. MaloneSupreme Court of Alabama · 1856
  2. Goodwin v. KeneySupreme Court of Connecticut · 1882
  3. Fulkerson v. DavenportSupreme Court of Missouri · 1879
  4. Merrill v. Cape Ann Granite Co.Massachusetts Supreme Judicial Court · 1894
  5. Downing v. WilcoxSupreme Court of Connecticut · 1911

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