Beede v. Fraser & Co.
Supreme Court of Vermont
General assumpsit. Plea, the general issue. Trial by court at the December term, 1893, Orange county, Thompson, J., presiding. Judgment for the plaintiff. The defendants except. The facts appear in the opinion. The plaintiff could not maintain this action at law in his. sole name against the defendants, fudd & Harris v. Wilson, 6 Vt. 185; Estes v. Whipple, 12 Vt. 373; Spear v* Newell, 13 Vt. 288; Die.
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General assumpsit. Plea, the general issue. Trial by court at the December term, 1893, Orange county, Thompson, J., presiding. Judgment for the plaintiff. The defendants except. The facts appear in the opinion. The plaintiff could not maintain this action at law in his. sole name against the defendants, fudd & Harris v. Wilson, 6 Vt. 185; Estes v. Whipple, 12 Vt. 373; Spear v* Newell, 13 Vt. 288; Die. Par. to Ac., 155. If the plaintiff has any action in virtue of paper “A,” it is covenant upon the sealed instrument. McKay v. Darling, 65 Vt. 639; Myrick v. Slason, 19 Vt. 121; Camp v. Bar-her,…
1Opinion of the CourtTyler, J.
The court below found the following facts : Prior to Oct. 15, 1891, the plaintiff and one George were copartners under the firm name of George & Beede, in the business of quarrying and selling granite at Barre, and the defendants, as copartners under the firm name of P. B. Fraser & Co., were engaged in manufacturing granite into monuments, etc. The former partnership was dissolved about Sept. 1, 1891. Prior to that time it had sold and delivered to the defendants a quantity of granite for which the defendants owed George & Beede, and the debt, by the con*116tract of dissolution, became the…
2Cases cited11 opinions
- Clark v. DibbleNew York Supreme Court · 1837
- Spear & Carlton v. NewellSupreme Court of Vermont · 1841
- Collamer v. FosterSupreme Court of Vermont · 1854
- Bradbury v. J. C. ParkSupreme Court of Vermont · 1855
- Wheeler v. WheelerMassachusetts Supreme Judicial Court · 1872
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3Cited by3 opinions
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