Legal Opinion

Post v. Kimberly

Court for the Trial of Impeachments and Correction of Errors

Decided March 15, 1812PublishedCited by 31 opinions

THE respondents filed their bill in the court of chancery against the appellants, on the 1st April, 1807. The bill stated that the respondents, and Zeno Archer and William M'Conehey, merchants, under the firm of Archer Sr M'Conehey, were the joint owners the schooner Elizabeth; the latter being owners of three fourths, and the respondents of one fourth.

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THE respondents filed their bill in the court of chancery against the appellants, on the 1st April, 1807. The bill stated that the respondents, and Zeno Archer and William M'Conehey, merchants, under the firm of Archer Sr M'Conehey, were the joint owners the schooner Elizabeth; the latter being owners of three fourths, and the respondents of one fourth. In August, 1806, the Elisabeth was fitted out with a cargo of goods, to the amount of about 16,000 dollars, and sailed under the command of Williama M. Robbins, from New-York to Laguira, on the Spanish Main. Archer and M'Conehey purchased the…

1Opinion of the CourtThompson, J.

The rights of the parties in this case have been considered as depending principally upon the question of *488partnership, between Kimberly & Brace and Archer & M‘Conehey. The appellants cannot, either on principles of law or equity, resist the decree against them, without establishing such partnership. It cannot, in my opinion, with any plausibility, be contended that the respondents and Archer & M‘Conehey were, as between themselves, partners in the purchase of the outward cargo of the Elisabeth. For a partnership is a voluntary contract between two or more persons, for joining together their…

2Cases cited2 opinions

  1. Holmes v. United InsuranceNew York Supreme Court · 1801
  2. Dole v. BullNew York Supreme Court · 1801

3Cited by31 opinions

  1. Beecher v. BushMichigan Supreme Court · 1881
  2. Seth v. CramerCourt for the Trial of Impeachments and Correction of Errors · 1825
  3. Giles v. VetteSupreme Court of the United States · 1924
  4. McLaren v. SteappSupreme Court of Georgia · 1846
  5. Smith v. MoynihanCalifornia Supreme Court · 1872

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