Vietor v. Spalding
Massachusetts Supreme Judicial Court
Contbact upon an account annexed for merchandise alleged to have been sold to the defendants by the plaintiffs. Writ in the Municipal Court of the City of Boston dated September 17, 1902. The case was previously before this court, when it was held in a decision reported in 199 Mass. 52, that, upon the evidence introduced at a previous trial, a notice to W. A. Knowlton, Esquire, was not a notice to the plaintiffs of the withdrawal from the defendants’ firm of the defendant…
Read the full summary
Contbact upon an account annexed for merchandise alleged to have been sold to the defendants by the plaintiffs. Writ in the Municipal Court of the City of Boston dated September 17, 1902. The case was previously before this court, when it was held in a decision reported in 199 Mass. 52, that, upon the evidence introduced at a previous trial, a notice to W. A. Knowlton, Esquire, was not a notice to the plaintiffs of the withdrawal from the defendants’ firm of the defendant Atwood. The case was tried again before Pierce, J. Besides the facts stated in the present opinion, it appeared that the…
1Opinion of the CourtBraley, J.
The defendant Atwood, being a member of a mercantile partnership composed of himself and the other defendants, to which from time to time the plaintiff firm sold merchandise in the usual course of trade, withdrew therefrom without giving to them notice of his retirement. In ignorance of his withdrawal, the plaintiffs, having sold goods to Atwood’s *236former associates by whom the business was continued without any external change, seek in this action to hold him liable for the price jointly with them. It may be assumed that, before the change the plaintiffs transacted business with the firm on…
2Cases cited5 opinions
- Stimson v. WhitneyMassachusetts Supreme Judicial Court · 1881
- Wright v. HerrickMassachusetts Supreme Judicial Court · 1878
- Elkinton v. BoothMassachusetts Supreme Judicial Court · 1887
- Vietor v. SpaldingMassachusetts Supreme Judicial Court · 1908
- Scott v. McKinneyMassachusetts Supreme Judicial Court · 1867
3Cited by1 opinion
- In re Locust Bldg. Co.Court of Appeals for the Second Circuit · 1924