Thayer v. Badger
Massachusetts Supreme Judicial Court
Contract, by the surviving partner of the firm of Hayden and Thayer, to recover a balance alleged to be due from the defendant, as administrator of the estate of his deceased partner, on the settlement of the firm’s affairs.
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Contract, by the surviving partner of the firm of Hayden and Thayer, to recover a balance alleged to be due from the defendant, as administrator of the estate of his deceased partner, on the settlement of the firm’s affairs. The case was submitted to an auditor, and the sole question was whether the plaintiff had a right to pay a commission to the new firm of Thayer, Owen, and Tyler, of which he was a member, for selling the property of the firm of Hayden and Thayer in liquidation. The auditor found “ as a fact, that the method adopted by the surviving partner in disposing of the merchandise…
1Opinion of the CourtHolmes, J.
The only question in this case is whether the judge below was bound to rule, as matter of law, that a surviving partner has no right to turn over merchandise of the late firm to a new firm of which he is a member, to be sold upon commission by the latter, and that the commission charged, or at least the surviving partner’s share, should not be allowed in the account between him and the executor of his deceased partner. In this case the auditor has found that the course adopted was prudent and reasonable, and. the charge reasonable. Whether we should have made the same findings we cannot tell,…
2Cases cited3 opinions
- Robinson v. SimmonsMassachusetts Supreme Judicial Court · 1888
- Turnbull v. PomeroyMassachusetts Supreme Judicial Court · 1885
- Dunlap v. WatsonMassachusetts Supreme Judicial Court · 1878
3Cited by10 opinions
- Moore v. RawsonMassachusetts Supreme Judicial Court · 1904
- Rutan v. CoolidgeMassachusetts Supreme Judicial Court · 1922
- Hoag v. AldermanMassachusetts Supreme Judicial Court · 1903
- Roth v. BoiesSupreme Court of Iowa · 1908
- Hewitt v. HayesMassachusetts Supreme Judicial Court · 1910
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