Brigham v. Dana
Supreme Court of Vermont
Account. The declaration alleged in the first count, that from the 16th of October 1849, to the 15th of January 1852, the plaintiff and defendant were partners in company and jointly interested and connected in carrying on the business of gold digging in California ; in the second count, that during the same time the defendant was bailiff to the plaintiff in the business of gold digging; in the third count, that they were partners in company, jointly interested and connected…
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Account. The declaration alleged in the first count, that from the 16th of October 1849, to the 15th of January 1852, the plaintiff and defendant were partners in company and jointly interested and connected in carrying on the business of gold digging in California ; in the second count, that during the same time the defendant was bailiff to the plaintiff in the business of gold digging; in the third count, that they were partners in company, jointly interested and connected in the business of freighting and selling provisions, goods and merchandise, and in digging gold; in the fourth .count,…
1Opinion of the Court
The opinion of the court Was delivered by
Redfield, Ch. J.
It is obvious that the principal question in this case is, whether the contract between the parties makes the return of the money advanced dependent upon the event o't that amount being realized in the contemplated adven ture, over and above all losses and expenses. For if not, then it is a mere loan, and the only risk incurred by the plaintiff is the solvency of the defendant, and the agreement to divide the profits of the adventure is either a cloak for usury, or an unconscionable extortion which the law will not sanction, according…
2Cases cited3 opinions
- Gordon v. HobartU.S. Circuit Court for the District of Maine · 1842
- Bucknam v. BarnumSupreme Court of Connecticut · 1842
- Burton v. BlinSupreme Court of Vermont · 1851
3Cited by16 opinions
- Preston v. GrantSupreme Court of Vermont · 1861
- Harrison v. HendersonSupreme Court of Kansas · 1903
- Floyd v. KicklighterSupreme Court of Georgia · 1912
- Causten v. BarnetteWashington Supreme Court · 1908
- Drown's Guardian v. Chesley's EstateSupreme Court of Vermont · 1917
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