Swigert v. Aspden
Supreme Court of Minnesota
Appeal by plaintiff, Lavinia Swigert, from an order of the District Court of Hennepin County, Hooker, J., made September 2, 1892, denying her motion for a new trial. James Aspden, Henry Aspden and Samuel Potts were partners in business at Minneapolis for several years under the firm name of Victor Heater Company. On March 7, 1890, it was found that Potts had largely overdrawn his account with the firm. He gave his notes for $5,000 in settlement, and retired.
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Appeal by plaintiff, Lavinia Swigert, from an order of the District Court of Hennepin County, Hooker, J., made September 2, 1892, denying her motion for a new trial. James Aspden, Henry Aspden and Samuel Potts were partners in business at Minneapolis for several years under the firm name of Victor Heater Company. On March 7, 1890, it was found that Potts had largely overdrawn his account with the firm. He gave his notes for $5,000 in settlement, and retired. The other members continued the business in the same firm name, and gave notice to the parties with whom they had dealings, that Potts…
1Opinion of the CourtCollins, J.
The appellant (plaintiff) does not assail the findings of fact made by the court below, which, so far as pertinent, to this appeal, are that a partnership theretofore existing between respondents and one Potts, under the firm name of the Victor Heater Company, was dissolved by the retirement of Potts, in March, 1889, the respondents continuing the business under the same firm name; that no notice was given of such dissolution except specially to those parties with whom the firm had previously dealt; that in September, 1889, Potts executed and delivered in the firm name and in his own name the…
2Cases cited5 opinions
- Dowzelot v. RawlingsSupreme Court of Missouri · 1874
- Pratt v. PageSupreme Court of Vermont · 1859
- Brisban v. BoydNew York Court of Chancery · 1832
- Bank of Montreal v. PageIllinois Supreme Court · 1880
- Lovejoy v. SpaffordSupreme Court of the United States · 1876
3Cited by7 opinions
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