Pitts v. Waugh
Massachusetts Supreme Judicial Court
In an action of the case, the plaintiff declares that the defendants were partners in the way of merchandising, jointly negotiating together, particularly in the purchase and sale of divers tracts of land for their mutual profit and advantage; and being so partners as aforesaid, the said Waugh, at a day and place named, for value received, made a certain note in writing of that date, and with his hand subscribed, and thereby, for himself and the said Greeley, promised the…
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In an action of the case, the plaintiff declares that the defendants were partners in the way of merchandising, jointly negotiating together, particularly in the purchase and sale of divers tracts of land for their mutual profit and advantage; and being so partners as aforesaid, the said Waugh, at a day and place named, for value received, made a certain note in writing of that date, and with his hand subscribed, and thereby, for himself and the said Greeley, promised the plaintiff to pay him 337 dollars 50 cents, in three equal annual instalments, with interest from the date; by reason…
1Opinion of the Court
The motion was submitted to the Court at this term without argument, and the following opinion delivered by
Parsons, C. J.
The plaintiff’s action is against the defendants on a note made and signed by Waugh, one of the defendants. As the note does not purport to be signed by Waugh and Greeley, nor by Waugh for himself and Greeley, the plaintiff must contend that Greeley is answerable as a dormant partner with Waugh; and the plaintiff offered to give evidence that they were partners in trade, negotiating together particularly in the purchase and sale of lands for their mutual profit; and that…
2Cases cited1 opinion
- Smith v. BurnhamU.S. Circuit Court for the District of Massachusetts · 1838
3Cited by15 opinions
- Chester v. . DickersonNew York Court of Appeals · 1873
- Buchan v. SumnerNew York Court of Chancery · 1847
- Gray v. Palmer & EatonCalifornia Supreme Court · 1858
- Smith v. BurnhamU.S. Circuit Court for the District of Massachusetts · 1838
- Boyd v. StoneMassachusetts Supreme Judicial Court · 1814
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