Legal Opinion

Brown v. Miller

Supreme Court of Colorado

Decided April 15, 1888PublishedCited by 1 opinion

Error to District Court of Fremont County. This was an action by J. S. Brown and J. F. Brown, creditors of the firm of D. D. Miller & Co-., against D. D. Miller, C. E. Boyles and J. St. Clair, former members of such firm, and Paul J. Sours and W. D. Schoolfield, to have a lien declared in favor of plaintiffs upon goods of the firm, taken by defendant Schoolfield, as sheriff, under a judgment confessed by defendant Miller in favor of defendant Sours.

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Error to District Court of Fremont County. This was an action by J. S. Brown and J. F. Brown, creditors of the firm of D. D. Miller & Co-., against D. D. Miller, C. E. Boyles and J. St. Clair, former members of such firm, and Paul J. Sours and W. D. Schoolfield, to have a lien declared in favor of plaintiffs upon goods of the firm, taken by defendant Schoolfield, as sheriff, under a judgment confessed by defendant Miller in favor of defendant Sours. Relief denied, and plaintiffs bring error.

1Opinion of the CourtElbert, J.

If it be admitted that Miller, St. Clair and Boyles were partners in the firm of D. D. Miller & Co., under their articles of agreement, it does not follow that the plaintiffs in error were entitled to the relief asked in their bill. St. Clair retired from the firm about the 1st of June, and Boyles about the 1st of July, leaving D. D. Miller sole member of the firm and sole owner of the partnership property. The retirement of St. Clair and Boyles from the firm, if one existed, appears to have occurred in the ordinary course of business, and in pursuance of no fraudulent purpose. Ordinary firm…

2Cases cited5 opinions

  1. Lanning v. . CarpenterNew York Court of Appeals · 1859
  2. Frost v. . KoonNew York Court of Appeals · 1864
  3. Neusbaum v. . KeimNew York Court of Appeals · 1862
  4. Cordier v. SchlossCalifornia Supreme Court · 1861
  5. Richards v. McMillanCalifornia Supreme Court · 1856

3Cited by1 opinion

  1. Wormer v. LoweDistrict Court, D. Colorado · 2024

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