Sumner v. Gardiner
Massachusetts Supreme Judicial Court
Two actions OE contract, one by Charles P. Sumner and the other by Arthur D. Sumner both against John D. Gardiner and George B. Beardsell, of Lynn, and Charles A. Ford who was made a defendant by amendment, as copartners doing business under the name of the Boston Shoe Stock Company, for certain sums alleged to be due to the respective plaintiffs for goods sold and delivered according to accounts annexed.
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Two actions OE contract, one by Charles P. Sumner and the other by Arthur D. Sumner both against John D. Gardiner and George B. Beardsell, of Lynn, and Charles A. Ford who was made a defendant by amendment, as copartners doing business under the name of the Boston Shoe Stock Company, for certain sums alleged to be due to the respective plaintiffs for goods sold and delivered according to accounts annexed. Writs dated September 13, 1897. No service' of the writs was made upon Ford, but he voluntarily came into court, and filed a suggestion of bankruptcy and his discharge therein. , The cases…
1Opinion of the CourtBraley, J.
It was necessary for the plaintiffs to prove that a copartnership existed between the defendants as alleged in their writs, and that at the time the debts sued upon were contracted the defendants were doing business as the Boston Shoe Stock Company.
As tending to support this allegation they offered in evidence and the judge admitted two postal cards containing among other things a statement from which it might-be inferred that the defendants Gardiner and Beardsell either composed the company or were connected with it.
Bearing on the relation of the defendant Gardiner to the contract declared…
2Cases cited1 opinion
- Commonwealth v. O'BrienMassachusetts Supreme Judicial Court · 1901
3Cited by5 opinions
- Warner v. FullerMassachusetts Supreme Judicial Court · 1923
- Bagley v. Wonderland Co.Massachusetts Supreme Judicial Court · 1910
- Palmer v. CoyleMassachusetts Supreme Judicial Court · 1905
- Commonwealth v. BondMassachusetts Supreme Judicial Court · 1905
- Kreeger v. MargoliesMassachusetts Supreme Judicial Court · 1917