Stearns v. Haven
Supreme Court of Vermont
Book Account. The auditors reported that John Stearns, J. W. Mason, and H. Staunton, having contracted to carry the mail from Burlington to Derby until July 1, 1841, sold and assigned their contract, together with the use of all their stage property, &c., to the plaintiff and one Palmer, who procured the defendants Isaac Haven, Griswold, Covill, and Munson, to sign with them, as sureties to the original contractors, a bond for indemnity, and for the preservation of the stage…
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Book Account. The auditors reported that John Stearns, J. W. Mason, and H. Staunton, having contracted to carry the mail from Burlington to Derby until July 1, 1841, sold and assigned their contract, together with the use of all their stage property, &c., to the plaintiff and one Palmer, who procured the defendants Isaac Haven, Griswold, Covill, and Munson, to sign with them, as sureties to the original contractors, a bond for indemnity, and for the preservation of the stage property unimpaired. On the 6th of May 1839 the plaintiff sold out his interest in said contract and stage property to…
1Opinion of the Court
The opinion of the Court was delivered by
Bennett, J.
(After stating the case.) If Stearns and the defendants were made partners as between themselves by this written contract, then most certainly this action cannot be sustained. It is very inartificially drawn; but we think it was not the intention of the parties to- form a partnership. The stage property was assigned to the defendants, and Stearns was declared to be their agent, and was to have payment for his services in stock on the road, (which we suppose means stage property,) when the Government contract had expired, in 1841. The reasons…
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