Morgan v. Stearns
Supreme Court of Vermont
Astumpsit, beard upon report of referee and commissioner, June term, 1868, Caledonia county, Steele, J.,. presiding. The court rendered judgment, pro forma, that the principal defendant, Stearns, is liable for the $414.22, mentioned in the report of referee, and interest. Judgment that G. H. and J. M. Weeks, trustees, be discharged with their cost, and that the claimant, Jacob Evans, hold the funds in his hands.
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Astumpsit, beard upon report of referee and commissioner, June term, 1868, Caledonia county, Steele, J.,. presiding. The court rendered judgment, pro forma, that the principal defendant, Stearns, is liable for the $414.22, mentioned in the report of referee, and interest. Judgment that G. H. and J. M. Weeks, trustees, be discharged with their cost, and that the claimant, Jacob Evans, hold the funds in his hands. Trustee Evans adjudged liable for the price of four sheep, mentioned in commissioner’s report, taken by said Evans at $20, in November 1865, and interest. The plaintiff excepted to…
1Opinion of the Court
The opinion of the court was delivered by
Prout, J.
These exceptions present three questions : First, as to the disallowance by the referee of the two last items of the plaintiff’s account. The relation, out of which the claim to which these items refer originated, was, as the report shows, a “ sort of partnership,” but whether of such a character as to invest and impose upon the parties, as between themselves, the rights and liabilities of copartners, does not appear. Sharing in the profits and loss of the business is not decisive as between the parties, as this may have been merely an…
2Cases cited1 opinion
- McClary v. BixbySupreme Court of Vermont · 1863
3Cited by21 opinions
- Canfield v. HardSupreme Court of Vermont · 1885
- Thorp v. ThorpSupreme Court of Vermont · 1897
- In Re AveryUnited States Bankruptcy Court, D. Vermont · 1984
- Canton Bridge Co. v. City of Eaton RapidsMichigan Supreme Court · 1895
- In Re SoterDistrict Court, D. Vermont · 1983
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