Guy v. Donald
Supreme Court of the United States
certificate from the circuit court of appeals for the FOURTH CIRCUIT. The facts are stated in the opinion. While for a long time participation in common loss and profits of a common business was one of the most conclusive tests of copartnership relations, yet the later and best opinion now is that this is not necessarily so.
Read the full summary
certificate from the circuit court of appeals for the FOURTH CIRCUIT. The facts are stated in the opinion. While for a long time participation in common loss and profits of a common business was one of the most conclusive tests of copartnership relations, yet the later and best opinion now is that this is not necessarily so. The rule now is that the question of partnership or no partnership is not to be settled by arbitrary tests; that to attempt to do so is mischievous, resulting in error. In the absence of conclusive tests the essential element of copartnership is that the parties are…
1Opinion of the CourtJustice IJolmes
delivered the opinion of the court. •
This case comes before us on a certificate from the Circuit Court of Appeals. It is a libel brought by the owners of a steamer against the members of the Virginia Pilot Association, and seeks to hold them all liable for the alleged negligence of Guyj one of their number. For the proceedings in the District Court see 127 Fed. Rep. 228; 135 Fed. Rep. 429. The negligence occurred when Guy was acting as pilot of the steamer and led to a collision, for which the owners of -the steamer paid damages to the other vessel in order to end a suit. The questions…
2Cases cited1 opinion
- The ChinaSupreme Court of the United States · 1869
3Cited by54 opinions
- Standard Oil Co. v. AndersonSupreme Court of the United States · 1909
- Benoit v. Hunt Tool Co.Supreme Court of Louisiana · 1951
- State Street Trust Co. v. HallMassachusetts Supreme Judicial Court · 1942
- Societa Per Azioni De Navigazione Italia v. City of Los AngelesCalifornia Supreme Court · 1982
- The ManchionealCourt of Appeals for the Second Circuit · 1917
49 more not listed; retrieve them via the Exa API.