Hennessy v. Griggs
North Dakota Supreme Court
PPEAL from district court, Grand Forks county; O. F. Templeton, Judge. Hon. Action in equity by Tbomas Hennessy against Alexander Griggs, Jacob S. Esbelman, and tbe Dakota Gas & Fuel Com- ' pany.
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PPEAL from district court, Grand Forks county; O. F. Templeton, Judge. Hon. Action in equity by Tbomas Hennessy against Alexander Griggs, Jacob S. Esbelman, and tbe Dakota Gas & Fuel Com- ' pany. Tbe decree dismissed plaintiff’s complaint, and be appeals. argued tbat tbe corporation formed was not tbe company contemplated in tbe articles of 'partnership; citing, Jones v. Cowing, 82 N. Y. 449; Bellows v. President, etc., 3 Mason, 31; Tbe Georgia Co. v. Casselberry, 43 Ga. 187; White v. Newport Co., 1 Pick. 215; Matthews v. Stanford 17 Ga. 543; Thrasher v. Pike Co. B. B. Co., 25 111. 393;…
1Opinion of the CourtBartholomew, J.
On November 26, 1886, and as a result of certain parol negotiations theretofore had, the plaintiff, Hennessy, and the defendants Griggs and Eshelman, entered into a written agreement of copartnership, as follows: “This contract of copartnership, made and entered into between Alexander Griggs, J. S. Eshelman, and Thomas Hennessy, all of the city of Grand Forks, county of Grand Forks, and territory of Dakota, witnesseth: That the parties aforesaid have, and by these presents do, enter into and form a copartnership under the name and style of the ‘Dakota Gas and Fuel Company.’ The principal…
2Cases cited2 opinions
- Crawford v. EdwardsMichigan Supreme Court · 1876
- James v. . CowingNew York Court of Appeals · 1880
3Cited by1 opinion
- Cunningham v. SpencerSupreme Court of Oklahoma · 1925