Holmes v. Burton
Supreme Court of Vermont
This was an action of assumpsit, in three counts, against the defendants, as joint partners with one Levi Blood, under the firm of Levi Blood Sr Co. The first count was upon a note, alleged to have been signed by said Levi Blood, “ for the interest, profit, and benefit of the said firm of Levi Blood Si Co.” The second and third counts were for a horse sold by plaintiff to defendants. The defendants pleaded non assumpsit. Issue joined to the court.
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This was an action of assumpsit, in three counts, against the defendants, as joint partners with one Levi Blood, under the firm of Levi Blood Sr Co. The first count was upon a note, alleged to have been signed by said Levi Blood, “ for the interest, profit, and benefit of the said firm of Levi Blood Si Co.” The second and third counts were for a horse sold by plaintiff to defendants. The defendants pleaded non assumpsit. Issue joined to the court. On the trial of said issue, the plaintiff proved the following facts, to wit; In the year 1834 and 1835, the defendants, together with Levi Blood,…
1Opinion of the Court
The opinion of the court was delivered by
Phelps, J.
We are of opinion, that the plaintiff cannot recover upon either count in his declaration. Not upon the first eount, for the note is, on the face of it, the individual note of Blood, and not of the partners. Here is an open, notorious partnership, and the paper does not profess to bind them. Had the defendants been dormant partners, the case would have been different. The signature might then be understood to be that of the firm, and, with proper averments and proof, the plaintiff might recover against them. But here there is a partnership,…
2Cited by6 opinions
- Buckner v. LeeSupreme Court of Georgia · 1850
- Clark v. RallsSupreme Court of Iowa · 1878
- Stringer v. StevensonCourt of Appeals for the Second Circuit · 1917
- Jaquith v. SmithSupreme Court of Vermont · 1942
- Spaulding v. MillSupreme Court of Vermont · 1863
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