Poppleton v. Jones
Oregon Supreme Court
From Yamhill: George EL Burnett, Judge. This is an action by Edgar Poppleton against George W. Jones and F. G. Adams to recover money.
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From Yamhill: George EL Burnett, Judge. This is an action by Edgar Poppleton against George W. Jones and F. G. Adams to recover money. It is alleged in the complaint that on March 31, 1890, the defendants, George W. Jones and F. G. Adams, and one James Flett, were partners engaged in business as Jones&Co.; that on said day plaintiff, at their request, sold and assigned to them all his interest in a contract for the purchase of certain real property, for which they agreed to deliver to him, on or before two years therefrom, building material of the value of $800; that between April 30, 1891,…
1Opinion of the CourtChief Justice Moore
1. It is contended by defendants’counsel that,the complaint having alleged that Jones, Adams, and Flett were partners when the contract relied upon was entered into, the obligation thus created is joint, and Flett’s death did not sever it; that, though at common law the engagements of partners were joint, the death of one of the members dissolved the firm, whereupon an action at law was maintainable thereon against the survivors; that the reason for such rule is founded upon the fact that by the ancient law the survivors possessed the right to continue in possession of the firm’s effects with…
2Cases cited20 opinions
- Russell v. . McCallNew York Court of Appeals · 1894
- Voorhis v. . Childs'New York Court of Appeals · 1858
- Darrow v. . CalkinsNew York Court of Appeals · 1897
- Pope v. . ColeNew York Court of Appeals · 1873
- Easton v. CourtwrightSupreme Court of Missouri · 1884
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3Cited by7 opinions
- Sargent v. American Bank & Trust Co.Oregon Supreme Court · 1916
- Gow v. MauryMontana Supreme Court · 1923
- Ryckman v. ManerudOregon Supreme Court · 1913
- Hardy v. SheedyOregon Supreme Court · 1911
- North Pacific Lum. Co. v. SporeOregon Supreme Court · 1904
2 more not listed; retrieve them via the Exa API.