Sheehan v. Dalrymple
Michigan Supreme Court
Error to Wayne Circuit. Dalrymple brought assumpsit against Sheehan in the Circuit Court for the County of Wayne, and declared on the common counts for money loaned to defendant, and expended in making repairs upon a vessel jointly owned by them.
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Error to Wayne Circuit. Dalrymple brought assumpsit against Sheehan in the Circuit Court for the County of Wayne, and declared on the common counts for money loaned to defendant, and expended in making repairs upon a vessel jointly owned by them. The defendant pleaded the general issue and gave notice of a set off, and that the items set forth in plaintiff’s bill of particulars were partnership debts contracted by the plaintiff and defendant as partners, mutually interested in the business of the brig Sunbury,• and part owners of said brig, for, and on behalf of which they were contracted.…
1Opinion of the Court
Christiancy J.
Plaintiff and defendant were equal owners of the brig Sunbury, which they purchased in the winter of 1868 while she was lying at Port Robinson in Canada, which needed repairs before bringing her out, and which they intended to run and did run during the following season of navigation, Sheehan, the defendant below, being the managing-owner; and the plaintiff advancing money from time to time for such repairs, as well as for crockery and tinware and other small items of expense which became necessary in fitting her out for the season’s business, for taking out the necessary papers…
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