Morgan v. Tarbell
Supreme Court of Vermont
Book account. The auditor reported the following facts. Previous to the 26th of March, 1852, the firm of Morgan, McCaine & Co. consisted of the plaintiffs Morgan and the two McCaines.
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Book account. The auditor reported the following facts. Previous to the 26th of March, 1852, the firm of Morgan, McCaine & Co. consisted of the plaintiffs Morgan and the two McCaines. At that date the plaintiff Brown became a member of the firm by purchasing one-fourth of their property, debts and dues, (the name of the firm remaining unchanged,) and continued a member till the 23d of February, 1853. The firm of Morgan, McCaine & Co., (as it was composed prior to the 26th of March, 1852,) and the defendant, settled and closed their mutual accounts up to December 1st, 1851, and upon that…
1Opinion of the Court
The opinion of the court was delivered by
Isham, J.
It appears, from the report of the auditor, that Brown became a partner in the firm of Morgan, McCaine & Co., in March, 1852; and at that time there was a considerable balance on account due from the defendant. Brown continued as a partner until February, 1853, when he sold back his interest to the other members of the firm. On the account which accrued while Brown was one of the firm, there was a small balance due from the plaintiffs to the defendant, provided the payments made during that period are applied on the charges which were then…
2Cases cited4 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Field v. HollandSupreme Court of the United States · 1810
- United States v. WardwellU.S. Circuit Court for the District of Rhode Island · 1828
- Logan v. MasonSupreme Court of Pennsylvania · 1843
3Cited by3 opinions
- Schoonover v. Osborne Bros.Supreme Court of Iowa · 1899
- Atkins v. AtkinsSupreme Court of Vermont · 1899
- Town of St. Albans v. FaileySupreme Court of Vermont · 1874