Bigelow v. Elliot
U.S. Circuit Court for the District of New Hampshire
This was an action, of assumpsit [by John Bigelow and others against William Elliot and Stanford Hovey] for goods sold and delivered, and the case was submitted to the •court upon an agreed statement of facts. The plaintiffs claimed to recover of the defendants as partners in trade under the firm name of S. Hovey. Hovey did not appear, and was defaulted. Elliot appeared and pleaded the general issue.
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This was an action, of assumpsit [by John Bigelow and others against William Elliot and Stanford Hovey] for goods sold and delivered, and the case was submitted to the •court upon an agreed statement of facts. The plaintiffs claimed to recover of the defendants as partners in trade under the firm name of S. Hovey. Hovey did not appear, and was defaulted. Elliot appeared and pleaded the general issue. It was admitted that the defendants, on the 2d of April, 1850, entered into an agreement, which in substance provided as follows: Elliot was to furnish a stock of merchandise, consisting of…
1Opinion of the Court
CLIFFORD, Circuit Justice.
Partnership is usually defined to be a voluntary contract between two or more competent persons to place their money, effects, labor, and skill, or some or all of them, in lawful commerce or business, with the understanding that there shall be a communion of the profits thereof between them. Story, Partn. § 2. Other-writers define it as an agreement between two or more persons for joining together their goods, money, labor, and skill, or either or all of them, for the purpose of advancing lawful trade and of dividing the profits and losses arising from it,…
2Cases cited3 opinions
- Dwinel v. StoneSupreme Judicial Court of Maine · 1849
- Rogers v. Hosack's ExecutorsNew York Supreme Court · 1837
- Burckle v. EckartCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by5 opinions
- Bolland v. United StatesCourt of Appeals for the Fourth Circuit · 1916
- Lake Steam Shipping Co. v. BaconDistrict Court, S.D. New York · 1904
- Hornaday v. CowgillIndiana Court of Appeals · 1913
- Bolding v. CampCourt of Appeals of Texas · 1927
- Bolding v. CampCourt of Appeals of Texas · 1927