American Type Founders Co. v. Greenwood Printing Co.
Supreme Court of South Carolina
Before Wirson, J., Greenwood, Fall term, 1910. Action by American Type Founders against The Greenwood Printing Company, in court of Magistrate W. H. Kerr. From Circuit order, affirming magistrate’s judgment, plaintiff appeals. cite: Proof necessary to establish partnership as to creditors: 9 Ency. Ev. 553; 83 Am. Dec. 61; 75 Am.
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Before Wirson, J., Greenwood, Fall term, 1910. Action by American Type Founders against The Greenwood Printing Company, in court of Magistrate W. H. Kerr. From Circuit order, affirming magistrate’s judgment, plaintiff appeals. cite: Proof necessary to establish partnership as to creditors: 9 Ency. Ev. 553; 83 Am. Dec. 61; 75 Am. Dec. 183; 75 S. C. 110; 68 S. C. 9, 198; 84 S. C. 448. cites: There can be no partnership unless the parties agree to go into the undertaking and to share in the profits and loss: 73 S. C. 434; 11 L. R. A. (N. S.) 136; 33 Ency. 38, 36; 3 Rich. L. 37; 75 S. C. 109; 45…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Woods.
In this action on an account for printers’ supplies, the sole issue made on trial before the magistrate, and on appeal to the Circuit Court, was whether F. M. Allen was a copartner with E. R. Britton, under the firm name of Greenwood Printing Company. The only direct evidence of Allen’s relation to the business of the Greenwood Printing Company is that of Allen himself, who testified that he turned over to Britton a printing outfit owned by him, to be used in a printing business; that Britton was to have entire control and management,…
2Cases cited3 opinions
- Price v. Middleton & RavenelSupreme Court of South Carolina · 1906
- Providence MacHine Co. v. BrowningSupreme Court of South Carolina · 1905
- Spool Cotton Co. v. King & TillerSupreme Court of South Carolina · 1904