Rutherford v. Hill
Oregon Supreme Court
Multnomah county: E. D. Shattuck, Judge. Defendants appeal. The defendants are sued as partners under the name and style of the Himes Printing Company.
Read the full summary
Multnomah county: E. D. Shattuck, Judge. Defendants appeal. The defendants are sued as partners under the name and style of the Himes Printing Company. The complaint does not anywhere allege that the defendants entered into an agreement of co-partnership, but in lieu thereof the following facts are alleged: “That the defendants, on or about the fifth day of September, 1890, executed, acknowledged, and filed in the office of the clerk of the county court of Multnomah county, and in the office of the secretary of state at Salem, Oregon, certain articles of incorporation as the Himes Printing…
1Opinion of the CourtStrahan, C. J.
At the conclusion of the evidence, the defendants Hill and Earhart asked the court to instruct the jury as follows: “1. The execution and filing of the articles of incorporation of the Himes Printing Company by said Hill and Earhart, in connection with the defendant Sherman Martin, would not itself make them partners with Martin, or render them liable in this action. 2. Said defendants Hill and Earhart cannot be charged in this action unless it has been shown by a preponderance of the-evidence that they had notice of their being held out as such partners, and plaintiffs also had notice…
2Cases cited14 opinions
- Abbott v. Omaha Smelting & Refining Co.Nebraska Supreme Court · 1876
- Jessup v. . CarnegieNew York Court of Appeals · 1880
- Planters' & Miners' Bank v. PadgettSupreme Court of Georgia · 1882
- Whipple v. ParkerMichigan Supreme Court · 1874
- First National Bank v. AlmyMassachusetts Supreme Judicial Court · 1875
9 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Harrill v. DavisCourt of Appeals for the Eighth Circuit · 1909
- Timberline Equipment Company, Inc. v. DavenportOregon Supreme Court · 1973
- Duke v. TaylorSupreme Court of Florida · 1896
- Bonfils v. HayesSupreme Court of Colorado · 1921
- Baker v. Bates-Street Shirt Co.Court of Appeals for the First Circuit · 1925
5 more not listed; retrieve them via the Exa API.