Sawyer v. Noble
Supreme Judicial Court of Maine
Bill in Equity, heard on demurrer. The bill substantially alleges that the complainant and the defendant Noble, on March 20, 1863, by parol agreement, entered into a co-partnership in the clothing business, each contributing same amount of capital; that, in the prosecution of their business, the complainant, from time to time, advanced of his private funds for the purposes of the firm various sums, amounting in all to $5000, which have never been repaid, but remain due; that…
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Bill in Equity, heard on demurrer. The bill substantially alleges that the complainant and the defendant Noble, on March 20, 1863, by parol agreement, entered into a co-partnership in the clothing business, each contributing same amount of capital; that, in the prosecution of their business, the complainant, from time to time, advanced of his private funds for the purposes of the firm various sums, amounting in all to $5000, which have never been repaid, but remain due; that on Oct. 30, 1866, the firm owned $10,000 worth of goods, and had $3,000 due them from divers persons j that the firm…
1Opinion of the CourtAppleton, C. J.
The bill alleges that the complainant and Noble were partners, and prays for the settlement of the partnership concerns, and to set aside an alleged fraud*229ulent sale of all the effects of the firm by said Noble to the defendant Randall.
It is obvious that Randall is in no way interested iu the adjustment of the affairs of Sawyer & Co.
"If a joint claim, against two or more defendants, is improperly joined in the same bill, with a separate claim against one of these defendants only, in which the other defendants have no interest, and which is wholly unconnected with the claim against them, all or…
2Cases cited2 opinions
- Boyd & Suydam v. Hoyt & ParselNew York Court of Chancery · 1835
- Swift v. EckfordNew York Court of Chancery · 1836
3Cited by3 opinions
- Walker v. PowersSupreme Court of the United States · 1881
- Nulton v. IsaacsSupreme Court of Virginia · 1878
- Mills v. HurdU.S. Circuit Court for the District of Connecticut · 1887