Maynard v. Briggs
Supreme Court of Vermont
Book Account. The auditor reported, among other things, that the partnership of Maynard and Edmunds was formed in April, 1849, and continued until the 20th day of November, 1851; and that said Maynard was employed and engaged in two of the suits hy Briggs, the defendant, before the said partnership was formed. The defendant insisted that the plaintiffs could not recover in this action for services in said two suits, hut that the action must be in the name of Maynard alone.
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Book Account. The auditor reported, among other things, that the partnership of Maynard and Edmunds was formed in April, 1849, and continued until the 20th day of November, 1851; and that said Maynard was employed and engaged in two of the suits hy Briggs, the defendant, before the said partnership was formed. The defendant insisted that the plaintiffs could not recover in this action for services in said two suits, hut that the action must be in the name of Maynard alone. That Briggs knew of the existence of the said partnership, and of'the feet of Edmunds’ connection with said .suits, and…
1Opinion of the Court
*96The opinion of the court was delivered by
Redeield, Ch. J.
I. The defendant objects to the plaintiffs recovering in a joint action for services rendered in his suit, while they were in partnership, and this known to the defendant, at the time the services were rendered, on the ground that the defendant retained plaintiff, Maynard, in the suits before he formed the partnership with the other plaintiff. Nothing is stated by the auditor to show that the defendant will be embarrassed in his defence, or in any way injuriously affected by the suit being brought in the name of the two plaintiffs. And…
2Cases cited4 opinions
- Morton v. WebbSupreme Court of Vermont · 1835
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- Hilliker v. LoopSupreme Court of Vermont · 1833
- Wait v. JohnsonSupreme Court of Vermont · 1852
3Cited by2 opinions
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